As Salam Alay Kum, Please guide me with reference to Shariah, I am in love and physical ralation ship with a lady who is married and not yet divorce, but she is pregnant with my child, her husband was in jail for long time and since then she is trying to get Khula from him but everytime he refuse and the case is going on in Family court in Mumbai, because of her husband contact with goondas no Qazi is ready to get involve in this issue, now my worry is that I cant marry her because she is already married and hence my child becomes illegal which is hurting me and I am always praying to Allah that show mw the right path and help me to get married to her so we can live together rest of our life with no sins in our heart, Please tell me how to get married to her before she deliver the baby. Awaiting for your response. Thankyou. Allah Hafiz.
Answer:
(Fatwa: 1256/1076=L/1429)
You can not marry her unless her husband gives her divorce or she gets khula. It is unlawful for you to meet or have any relation with her before Nikah, it will be considered adultery if you sleep with her. Both of you should do tauba (repentance) and seek forgiveness from Allah Almighty. Also, try to get her divorced or separated through khula. If it is not possible, get the matter solved through any nearby Islamic Panchayat or Darul Qaza. If the Islamic Panchayet or Darul Qaza cancels their nikah in the light of Islamic rulings, then you can marry her when her iddah will be over.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband