Will Allah hold the spouses accountable for chaste love? If the parents refuse to marry off their daughter to the young man she loved after her divorce, is she entitled to marry him? And is she entitled to custody of her three-year-old son in this case?
The inquirer must fear Allah Almighty regarding this poor woman whose life he has ruined and whom he has alienated from her husband. This is a grave sin, for the Messenger of Allah, peace and blessings be upon him, said: "He is not of us who alienates a woman from her husband." So, it is not permissible to propose to her while she is in her 'iddah, let alone while she is still married! This would destroy a home and break up a family. Allah will hold both of them accountable for this sinful love and the sins that resulted from it, such as illicit seclusion, looking, and impermissible speech.
As for the woman, she must be patient. If the situation continues as it is due to her husband's injustice and bad treatment, she has the right to ask him for a divorce or to seek a khul'. She has more right to the custody of her son as long as she does not remarry. If the divorce is finalized and her 'iddah ends, there is no harm for her to marry whomever she wishes, provided that the conditions for a valid marriage are met, such as the permission and consent of her guardian. If the guardian refuses without a legitimate شرعي excuse, she may refer her case to the ruler or his representative to marry her off.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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