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Fatawaa


Subject : Making Marriage Proposal to Irrevocably Divorced Woman during Her Iddah Period

Fatwa Number : 635

Date : 21-04-2010

Classified : Proposing (for marriage)

Fatwa Type : Search Fatawaa


Question :

What is the ruling on proposing to a woman who was divorced irrevocably(Triple divorce) and during her Iddah?



The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

According to the consensus of Muslim jurists, it is impermissible to announce the proposal to an irrevocable divorced woman during her Iddah period; rather, only giving a hint to her family and proclaim engagement informally and in honorable terms are permitted in this case, for Allah, The Exalted said (What means):" There is no sin for you in that which ye proclaim or hide in your minds concerning your troth with women. Allah knoweth that ye will remember them. But plight not your troth with women except by uttering a recognised form of words. And do not consummate the marriage until (the term) prescribed is run. Know that Allah knoweth what is in your minds, so beware of Him; and know that Allah is Forgiving, Clement. [Al-Baqara/235].

In this regard, Al-Khateeb As-Shrbini (May Allah have mercy on his soul) stated:" It is impermissible to make a marriage proposal to a woman during her Iddah period whether her divorce was revocable or irrevocably; through triple divorce or dissolution of the marriage issued by the Sharia Judge since Allah, The Exalted said (What means):" There is no sin for you in that which ye proclaim or hide in your minds concerning your troth with women." [Al-Baqara/235]. In addition, the latter ruling was adopted and has the consensus of Muslim jurists in this regard as stated by Ibn Attia."

Further, "It is permissible to proclaim or announce proposal to an irrevocable divorced woman whether she had triple divorce or through dissolution of marriage based on the apparent meaning of the aforementioned verse." [Mughni Al-Muhtaj vol.4 pp.416].

In conclusion, giving a hint in this regard, means to talk informally about proposing to a woman during her Iddah to her family; such as: telling them that being their kin is of a great honor to you (Suitor) and many people would like to become your kin and similar phrases which help to proclaim marriage proposal and show your desire of being their kin informally. And Allah knows best.

   

       




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