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Am i allowed to show interest in someone who’s in a divorce process, i.e. not yet divorced? Please give me advise.

Answered as per Hanafi Fiqh by Askimam.org

Assalamu Alaikum, I knew a pious girl who was married last summer, but just a kitab was done and the plan was to move with her husband after she graduates But basically she was untouched. However since her marriage process went really fast, she figured that this isn’t the right man for her and decided to separate, and they stopped talking since September. They decided to divorce, however for some reason the divorce paperwork isn’t over yet, and i guess this is because they’re trying to benefit him with some immigration issues. Keep in mind that both sides do not intend in anyway to resume her marriage. I know this sister (and her family) for almost 2 years now through our islamic activities council oncampus, and i intend to marry her, insha Allah, whenever her issue is over. I would like to know if I’m allowed islamically to talk to her or her family about my intention to marry her, or to propose. Please give me an advice on what to do. Should i talk to her sister about it?

Answer

In principle, the girl is married. She is somebody’s wife. It is Haraam for you to propose to her or give any indication of marriage to her.

Their intention of not continuing the marriage does not matter. You have to wait and see. If her husband issues her a Shar’ee Talaaq, and her Iddat is over, then only can you propose to her even though the court divorce is not finalised.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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