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:

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 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