Therefore, your father’s wife becomes permanently unlawful for you the moment he concludes the marriage contract with her, whether or not he consummates the marriage, because of the general wording of Allah’s statement: “And do not marry those women whom your fathers have married—except for what has already passed; that is truly an outrage, hateful (to Allah), and an evil way.” (Qur’an 4:22).

Question: Suppose the reverse were the case: a son contracted marriage with a woman but had not consummated it. Would she be lawful for his father?

Answer: The same rule applies in the opposite direction. It is impermissible for the father to marry a woman with whom his son has contracted marriage, whether or not consummation has taken place, due to the all-inclusive verse: “and (forbidden to you are) the wives of your sons who are from your own loins” (Qur’an 4:23). Thus, consummation is not a condition for the prohibition.

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The Valid Contract

Question: I am a married man who wishes to marry a divorced woman. We are both agreeable, yet our families object because of personal disputes between them. Is it permissible for us to marry secretly by placing a copy of the Qur’an between us while each of us testifies to accepting the other, or is a contract formed in this way invalid? Please advise us, and may Allah bless you.

Answer: A contract conducted in that manner is invalid. A valid marriage contract requires: 1) the presence of a guardian (walī) representing the woman; 2) the offer (ijab) issued by the guardian and the acceptance (qabul) pronounced by the prospective husband; 3) the presence of witnesses, two or more; and 4) the full consent of both parties. All of these conditions must be met for the contract to be sound.