Can a Woman Remarry before her Divorce is Final?
If you are married to your wife and you haven't divorced her, because you are going through the courts to see your kids, is she allowed to go and get married in Pakistan?
Even if you have not divorced her yet?
- farooq13
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Farooq13, As-salamu alaykum,
if your wife is not divorced from you, then of course any marriage to anyone else would be Islamically invalid and a sin.
However, does she agree that the divorce is not final? How long have you been separated? Did you give her a declaration of talaq? Was there an 'iddat?
If you have refused to divorce her, has she requested khula' from a Qadi or court?
Wael
IslamicAnswers.com Editor
If you have not fully legally (secular courts) divorced her it does not make a difference. But if you have not Islamically divorced her then she is not allowed to marry. She must finish her iddah period which is three menstrual cycles (if she does not have her cycle for whatever reason then it is 3 months).
If you gave her a third talaq (and I don't mean declaring I divorce you three times in a row...because that is only counted as one) then she does not have a waiting period. You are not lawful to each other.
As for khula, where she requests divorce, if you accept her request for khula (the marriage to be dissolved initiated by her) then the waiting period is one menstrual cycle/one month and she must return the dowry. When the waiting period is completed then she is free to marry whoever she wants (even if you have not legally divorced). If she has asked for khula and you have not granted her request she is obliged to go through the Islamic courts where they will determine if her grounds for khula are legitimate. And if they are they will grant her release from the marriage which is one menstrual cycle as the waiting period.
And Allah subhanahu wa tala knows best!
Sir..
M a hindu gal. M married fr past 5 years bt m in luv wd a muslim boy.. is it possibl fr me to marry him n converting to islam widout a divorce?? Wil it b legal?
Eagerly waitin fr d rply
Heena,
A Muslim man is not allowed to marry a Hindu girl. He can not marry you, until you become a Muslim. If you want further advise, please login and submit you question separately. Insha Allah (if Allah Wills) we will answer it.
Thanks
Muhammad Waseem
IslamicAnswers.com Editor
slmz.
I have declared talaq to my wife islamically, there is no way that i plan on reconciling at all. We are married in the civil courts as well and this divorce is still being processed. Can i remarry another woman islamically, while i am still going through a civil court divorce?
yazoo, yes you can. However, if your 'iddah is not yet complete then please honor the 'iddah and allow time for reconciliation with your wife.
Wael
IslamicAnswers.com Editor
As-salamu alaykum,
My marriage to my wife has gradually deterioted over 17 years so much so that for the last 2.5 years we have lived seperately, be it in the same house but apart. i think we tried to stay in the same house for the sake of the kids, but now it has come to an end as it started to affect the kids, simply we got involved too much in the Duniya and less in our deen, which meant we started to grow apart. Islamically i have decalred talaq on several occassions and she accepts that this is the only solution.
Am I correct in assuming Islamically the marriage is over. We have not yet started the legal court divorce process, that will happen afterwards.
Would it also be fair to say that either one of us can re-marry subject to the laws of the country we live in..(UK)
jazakallah khair
Muhammad, if you have declared talaq, then completed the 'iddah without having sexual contact with your wife or indicating that you wanted her back, then yes, you are divorced and either of you can remarry. And Allah knows best.
Wael
IslamicAnswers.com Editor