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Can we marry each other?

Answered as per Hanafi Fiqh by Fatwaa.com

Assalamu alaikum respected scholars.
My question is regarding my marraige with a girl whom i want to marry. May Allah forgive me i am in a haram relationship with this girl..i love her a lot.. she is Muslim Alhamdulillah.. we want to get married soon. I hav repented for the sins i committed with her.. and i love her a lot.. i want to marry her because she is from a good family and we understand each other.
But i am worrying about some thing a lot from few days..
I did not know about talaq kinaya.. i literally did not know that talaq happens even if we dont use the word talaq.
Me and this girl whom i want to get married used to fight a lot and many times we used to break up and patch up.
I have said her that “you are free” .. but as we were not married talaq doesnt took place.. and we can marry each other based on a hadith which i found in ibne maja.
But my question is i have also said her “bye forever” when we fought..during break ups..but my intention was not to make her haram for me ..my intention was not to cancel the idea of marrying her. I always wanted to marry her.. i dint even know much about talaq that time.. we are not even married..
Please answer me that can we get married?
If we marry does talaq takes places ? Because i had said “bye forever” before marraige (during haram relationship). If talaq takes place is it one or two or three.

Please answer me soon .. i am very worried because of so many wasawis.. i dont want to do something which Allah doesnt like.

Answer

Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,

Alhamdulillah, you have realised that it is Haram to be in contact with the girl before marriage, and you are making Tawba.

1) Yes, you may marry her.

2)  No divorce will take place after the marriage.

3) Please be careful on the words you use in future.

4) Unless you are a student of knowledge, you should not try to derive laws from Hadith directly. You might not know the context of the Hadith, whether it is abrogated, whether there is another Hadith in contrast to that Hadith, or whether the Hadith is authentic or not. 

And Allaah Ta’aala knows best

Wassalaam,

Ismail Moosa (Mufti)

This answer was collected from Fatwaa.com which is an excellent Q&A site managed by Mufti Ismail Moosa from South Africa. .

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