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Validity of marriage

Last updated: 11th April 2013
Question ID: #4227
Short URL: http://qa.muftisays.com/?4227
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sky
11th April 2013

 
Assalamu Alaikum, There is a woman who was abused by her husband who was an alcoholic, so therefore, she left her country to come to North America. She thought she was divorced automatically because someone told her that fact she was away from her husband for one year, she becomes automatically divorced. She met a muslim man at work and he confirmed to her that she indeed was not divorced, in her situation. As they got to know each other, they fell in love and even committed zina. Finally, the woman got her divorce papers, and completed her iddah period. During the iddah, both man and woman stopped seeing each other, and felt remorse and guilt for their sins, and made taubah and repented to Allah. They're planning on getting married soon inshaAllah, so I wanted to know if their marriage is valid? I heard that there are a few scholars of the Maliki maddab who say that a man who spoils the marital status of a woman is not allowed to marry that woman. But most scholars have agreed that this marriage would still be valid. And the man is not sure if he falls under this category because the woman already had intention to divorce before she met him. Also, the man is of Hanafi school thought and the woman is of Shafii if this helps. Even though the majority of scholars say that marriage is valid, I wanted to be clear and know the correct view inshaAllah if they may marry and worship Allah throughout their halal marriage. Please advise, JazakhAllah kheir.



Answer
Ulamaa
Ulamaa ID 12
Answer last updated on:
15th April 2013
Answered by:
Ulamaa ID 12
Website
Location: United Kingdom
Bismillahir Rahmaanir Raheem

Al Jawaab Wa Billahit-Tawfeeq



Respected brother/sister,



Divorce (Talaaq) cases are very sensitive. Issuing a fatwa upon whatever is presented is never the course taken with divorce (talaaq) cases. Therefore, i recommend you present your case to the Ulama of North America.



And Allah knows best



(Moulana) Khalil Ibn Ilyas Laher