Is it permissible for a man to contract a شرعي (Shar'i) marriage with a woman who is already married, but in the process of separation, before her legal divorce is finalized?
It is not permissible to contract marriage with a woman before her husband divorces her according to Sharia, and before her waiting period (iddah) ends. Her separation from him and her request for a divorce do not result in a Sharia-compliant separation. Similarly, a divorce ruling by a non-Muslim judge is not recognized. If a man divorces his wife according to Sharia, there is no harm in documenting it before secular courts. However, if the spouses dispute over the divorce, Islamic centers act in place of Sharia courts when the latter are unavailable. Resorting to secular courts to terminate a marriage does not, by itself, lead to the termination of the marriage according to Sharia. Therefore, if a woman obtains a civil divorce, she should then approach Islamic centers to complete the matter according to Sharia.
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- Original fatwa ID
- 153424
- Imported
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