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The question

What is the ruling on proposing to a woman whose husband has not yet divorced her from an invalid marriage?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Marriage is divided into valid (), void (), and corrupt (). The void (batil) marriage is that which is unanimously agreed upon as invalid, and its existence is like its non-existence. The spouses must separate without a divorce. If it was officially documented, it must be officially invalidated to avoid legal accountability. As for the corrupt (fasid) marriage, there is a difference of opinion regarding its validity. In this case, there must be a divorce or a judgment of separation from the judge, and it is not permissible for the woman to marry another before that, because she is still considered to be in the status of a wife. However, if the corrupt marriage was concluded with a contract from the judge or with his permission, it is not annulled but affirmed, and no one is permitted to propose to the woman unless she is divorced or the judge separates them.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
5556
Imported
Translation status
Source text, unreviewed
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