Does a husband have a right in his wife’s earnings

CategoriesMarriage [603]

Fatwa ID: 01421

Answered by Mufti Mohammed Tosir Miah

Question:

A Muslim sister is living with Muslim Brother A for more than 4 years without marriage. The Sister decided to repent and leave Brother A because Brother B proposed a marriage with the Sister and she accepted it while still living with Brother A.

My questions are:
1. Is it allowed to propose to a woman living with a man without a marriage?
2. If it is allowed how long is the "iddah" before Sister is permissible for Brother B.

Answer:

Bismillah

In the name of Allah, the most Beneficent, the most Merciful.

In the Hanafi Fiqh it is permissible to marry a woman who had an illicit relationship before marriage. (Maariful Qur’an p.343 v.6)

Allah subḥānahu wa ta'āla (glorified and exalted be He) says:

“The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik” (Surah Nuur v.3)  

The objective of this verse is not to mention a legal ruling, but to merely describe a fact of life that someone who is a habitual fornicator likes women of that nature and vice versa. He or she are attracted to such people to fulfil their lust rather than having a long term relationship in the form of marriage. (Maariful Qur’an p.356 v.6)

Regarding your second question, there is no iddah for a woman who indulges in adultery. The sister in question can marry the boy straight away. (Aapke Masaail p.416 v.5)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

About the author