Home
Discover Islam
Quran Recitations
Lectures
Fatwa
Articles
Fiqh
E-Books
Women
Boys & Girls 
Enter Question
View By Subject
Fatwa Of The Week
Selected Fatwa
Fatwa CenterWishes to Get Remarried while Her Civil Divorce Is Still Pending
Question
I am asking this question concerning my friend. My friend was a non-Muslim. She married a non-practicing Muslim man about two years ago. Al-hamdulillah she became Muslim last year, and began praying and wearing Hijab and trying to fulfill her religious duties. Her husband was unhappy both about her becoming Muslim and wearing Hijab. She tried to convince him to return to Islam, but he would not change, and continued to engage is Haram activities, such as purposely missing his prayers, etc. Because of this, she was obliged to divorce him, which he had no problem with. They were never married according to Sharia anyway, but only with a civil marriage (we live in the United States). Her divorce will, Insha Allah, become final in December. She would like to get married to a practicing Muslim, and my husband and I would like to help her meet someone suitable; my husband already knows someone from the mosque who seems suitable. What we would like to know is, is it permissible for her to talk to eligible men concerning marriage, or must she wait until her civil divorce becomes final? Can she make a decision concerning a husband but wait until the divorce is final to actually get married? Please note that the husband is not opposing the divorce at all; the only reason that it's taking so long is because of necessary paperwork. I ask for a reply as soon as you can, Insha Allah, because my friend would really like to marry a practicing man so she can strengthen her faith, especially after her bad experience with her first husband.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If the situation is as you described; i.e. that your friend's husband did not approve of her Islam and that he does not pray deliberately at all, then they must be separated as he is considered a disbeliever. This rule applies if the marriage was valid in the first place.
If the matter is not so, but the marriage contract was carried out without fulfilling the compulsory conditions, then the marriage is null and it is forbidden for her to continue marital life with him. Therefore, she should spare no efforts to end this relationship.
However, as long as she is in her waiting period it is forbidden to propose marriage to her. The majority of Muslim scholars prohibited clear proposal of marriage to a woman who is in her waiting period due to Zina (fornication or adultery) or invalid marriage. Therefore, it is forbidden to make a definite proposal to her during her waiting period, but it is permissible to propose to her indirectly, i.e. using allusive expressions that indicate a desire for marriage to a person like her, etc. and other subtleties.
Allah knows best.
Search Fatwa
Fatwa Subject
