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 CenterShe wants to remarry while waiting for court papers
Question
I have an important question and if you can please be specific as possible. I had asked it before but it wasn't answered as specific as I need. I fear Allah and don't want to do anything wrong. I have been divorced since November 2003. HE pronounced divorce 3 times. According to Islam I can not be married to him, unless I remarry and divorce. That is not the problem. But I just want to make it clear that he did pronounce divorce. SO I am divorced. However, I'm American and we were married in an American court, and to get divorced here is, expensive and lawyers and court documents, involve paperwork. We are working on this as it costs a lot of money. However, I met a great brother who is very great masha Allah religious brother and this is the one I want to marry. I know I can not get legally married to him till I get my divorce in American court. BUT Can I get engaged to him? Can I see him, Islamicly, of course?
My ex-husband I believe has a green card, and I'm afraid he might drag the legal divorce out, so he won't be deported, so it might be a while. CAN I GET ISLAMICLY MARRIED? Remember, I am divorced in front of Allah; its just this American court divorce I'm waiting for. Please answer; I want to get married.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If it is proved that your husband has divorced you thrice, then you are completely separated from him. Therefore, he cannot take you back unless you marry another man and provided that man divorces you after having had sexual intercourse with you - or if he dies. Only then could the previous husband marry you fulfilling all the conditions of a new valid marriage.
For a divorce to be valid, it does not need to be authorized in a court. Therefore, you are allowed to marry any man after completing your ‘Iddah (waiting period).
Also, before completing the marriage contract, the man is alien to you and hence you cannot meet him or stay with him in seclusion, or even talk to him except for some necessity.
It is preferable and advisable to consult the Islamic centers in your area; they would probably assist you and could guide you to what would benefit you.
Allaah Knows best.
Search Fatwa
Fatwa Subject
