May A Man Propose To A Woman To Whom Someone Else Had Previously Proposed And Who İs İn The Phase Of Making A Decision, Or To A Woman Who İs Bound To A Promise To Wed?

Fatwas

May a man propose to a woman to whom someone else had previously proposed and who is in the phase of making a decision, or to a woman who is bound to a promise to wed?

If the engaged couple is yet to marry, it is makruh for another Muslim man to propose to a woman in question unless the couple’s engagement comes to an end or, it is understood even implicitly that the groom-to-be and his family have lost their interest in the said engaged woman anymore and that they will not object anyone else to marry her. Because in a hadith related to this subject, it is stated, “None should ask for the hand of a lady who is already engaged to his Muslim brother” (Bukhari, Nikah 46; Muslim, Nikah, 6). As acting otherwise may be considered as insulting the man and his family, this may result in hostility (Shafiʽi, al-Umm, V1, 106-109; Ibn Qudamah, al-Mughni, IX, 567; Ibn Abidin, Radd al-Muhtar, V, 221).

Although it is an impermissible and sinful behavior in terms of religion, the marriage (nikah) made with the third parties who interfere without paying attention to this sensitivity is valid as a contract.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA