Divorce Is Effective as Soon as It Is Pronounced

27-9-2003 | IslamWeb

Question:

I'm divorced and I have only my Dutch divorce, but I'm working on my Moroccan divorce. Insha Allah, I hope that in one year I will get my Moroccan divorce. My question is: if a man wants to marry me. He did go to my parents home, he did ask a Imam and he tell him that's harm to make someone's acquaintance when she is not divorced and that we must stop at once. But I have my Dutch divorce. And we only make contact on the phone. I just want to know if its really harm.

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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 your husband had uttered the words of divorce or that he had written that expression with the intention of divorce, then the divorce is effective whether or not it is recorded in Moroccan or Dutch courts. So, you may marry any person after completing your 'Iddah (waiting period). However, if your husband has not divorced you, or that he has divorced you but the waiting period has not yet finished, then it is forbidden to conduct the marriage contract with someone else. If it is conducted in such circumstances, then it is invalid.

Know that it is also forbidden for a man to propose to a woman while she is still in her 'Iddah.

Allah knows best.