The marriage of a woman who is still under the protection of her husband
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The second question of Fatwa No. ( 5232 )
Q2: My sister came from her husband after a dispute occurred between them. She has been in my house for two years since that dispute, and she has no financial maintenance, no message, and no news from her husband. Another man wants to marry her, and she is asking her husband for a divorce, but he refuses. What is permissible for her regarding this new marriage?
A2: It is not permissible for her to marry anyone other than her husband as long as she is under his protection. If he divorces her or dies and her waiting period has ended, it becomes permissible for her to marry; based on the saying of Allah the Exalted regarding those whose marriage is forbidden:[An-Nisa 4:23] up to His saying: [An-Nisa 4:24] the verse,
and what is meant by "chaste women" (al-muhsanāt) is married women. And His saying:[Al-Baqarah 2:234] the two verses, and His saying: [At-Talaq 65:1] the verses, up to His saying: [At-Talaq 65:6] And based on the authentic hadiths that clarified and explained this. As for her divorce from him, it is by his consent, or otherwise through the Shari'ah court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q2: My sister came from her husband after a dispute occurred between them. She has been in my house for two years since that dispute, and she has no financial maintenance, no message, and no news from her husband. Another man wants to marry her, and she is asking her husband for a divorce, but he refuses. What is permissible for her regarding this new marriage?
A2: It is not permissible for her to marry anyone other than her husband as long as she is under his protection. If he divorces her or dies and her waiting period has ended, it becomes permissible for her to marry; based on the saying of Allah the Exalted regarding those whose marriage is forbidden:
Prohibited to you [for marriage] are your mothers, your daughters
حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْmarried women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these
وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلا مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللَّهِ عَلَيْكُمْ وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَلِكُمْand what is meant by "chaste women" (al-muhsanāt) is married women. And His saying:
And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًاO Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period
يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَLodge them [in a section] of where you dwell out of your means
أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنْتُمْ مِنْ وُجْدِكُمْ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.