Source: http://qa.muftisays.com/?8638
Question ID: #8638
 
Question: Marriage Proposal to a married woman
My question slightly varies, in terms of reasons of our separation and a new proposal in the picture.
We separated 6 yrs ago, to give him time to improve his financial circumstances, no intimacy for 6 yrs and my love and respect for him gone down the drain because no progress at his end whatsoever in these 6 yrs. Meanwhile I have received a marriage proposal from someone who seems willing to take on the family's responsibility with a true heart, mother's istikhara was positive. So was that proposal haram because of the timing as I am in a nikah although separated with no hope of reunion at all. Personally I was of the opinion that I would not apply for a khula until a suitable new proposal is in place and ok to go ahead. This was purely to give my husband the time he keeps asking for. Seems I was wrong in thinking that.

Simply put my question is "is it wrong to send a marriage proposal to a married woman based on the condition her marriage has irretrievably broken down ?" If so how would women living in such difficult circumstances of separation or husbands disappearing for long periods of time ever come out of it?
 
 
Answered by: Ulamaa ID 04 (London)
Date: 30/05/2023 21:09pm

بسم الله الرحمن الرحيم

الجواب حامداومصليا

It will not be permissible to propose to a married woman. She will first need to get divorce from husband or he accept Khula’ or husband passes away and then she finishes her Iddat periods.

If the husband is not willing to give divorce or accept Khula’ then you can present the case to a Shariah council who can issue an annulment of Nikah.

حرمت عليكم المحصنات من النساء أي ذوات الأزواج لا يحل للغير نكاحهن ما لم يمت زوجها أو يطلقها وتنقضي عدتها من الوفاة أو الطلاق
(التفسير المظهري ٢/٦٤)

لا يجوز للرجل أن يتزوج زوجة غيره وكذالك المعتدة
(الفتاوي العالمكيرية ١/٢٨٠، رشيديه)

And Allah knows best

09 Dhul Qa’dah 1444/ 29 May 2023


Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com