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Fatwa ID: 76892
Title: I want to marry my ex-husband, but he is in prison: Should I marry someone else or wait?
Category: Family and Personal Affairs
Scholar: Dr. Main Khalid Al-Qudah
Date: 11/20/2008

Question

I've been separated from my ex-husband for four years due to his imprisonment. During that time I have wanted to marry, but, masha'Allah, nothing worked out. I would love to remarry my ex-husband; however, insha'Allah, he will be in prison for two more years. Every single day is a struggle, sexually. Of course, I have the option of getting married, but I am very emotionally attached to my ex-husband and we have a son together. The other struggle is in my daily interactions with men when I go to work. It seems almost inevitable that oftentimes I come off as flirty with the opposite sex as it is only natural to be inclined to needing the attention of the opposite sex. I feel ashamed afterwards.

 

My question is: should I try to get married right away given the sexual struggle and the need for attention? Or wait and deal with my shortcomings? Is a temporary marriage allowed in Islam? Would masturbation be out of the question since I really want to wait for my ex-husband to be free?

 

Jazak Allahu khayr for taking the time to answer my questions.


Answer

You know your endurance and your ability to control yourself more than anybody else. From your description, it seems it would be hard for you to wait and that you are in need of marriage.

 

If you decide to do so, you must first be divorced from your husband and wait until the end of your waiting period; then you can marry someone else, but the second marriage must be permanent, not temporary. Temporary marriage is prohibited in Islam.

 

May Allah make it easy for you and protect you from sin.