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Is it permissible for a woman to enter into a legitimate marriage contract with another man, knowing that she is still in the process of legal divorce proceedings from her first husband, who expelled her from the home and does not provide for their daughter?

1 min readAlso available in العربية

If a man divorces his wife and her waiting period (iddah) expires without a reconciliation, she becomes irrevocably separated from him, and it is permissible for her to marry someone else. Documenting divorce and marriage is a religious obligation, due to its implications for preserving the rights of the spouses and children, and for warding off accusations. Marriage before the divorce document is finalized may lead to the first husband slandering her honor or the second husband evading his responsibilities. However, if the probability of these two corrupting outcomes is remote, and the Islamic center's contract is sufficient to establish the right, and there is an immediate need for marriage, then there is no harm, because what is prohibited as a preventative measure (sadd al-dhari'ah) is permitted out of necessity and for a predominant benefit.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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