Is it permissible to propose to a divorced woman—of her own accord, without her family's knowledge—based on the Hanafi school of thought which permits a previously married woman (thayyib) to give herself in marriage, and to engage in written conversations with her within the bounds of propriety until your marriage, knowing that you have both pledged to marry and consider this a real engagement?
It is forbidden for a man to establish an emotional relationship with a foreign woman. Marriage is the most suitable solution for those who love each other. The guardian (wali) is a condition for the validity of marriage according to the majority of jurists. If the family refuses to marry off a suitable suitor, the woman has the right to refer her case to the Sharia judge. If marriage can be easily attained through the correct channels, then that is good and excellent; otherwise, seek someone else. Indeed, Islamic law encourages marrying virgins. It is permissible for a man to propose marriage directly to a mature woman, although it is more preferable to propose to her guardian. As for the Hanafis, they permit a mature and sane woman to marry herself off, whether she is a virgin or previously married.
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- 155205
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