Can a woman marry before divorce?

Question

A woman got married to another man a few days before khula with her first husband, although the khula process was going on for more than six months and the woman and first husband had been separate for more than two years. Now she is with her second husband for more than two years and they are happy.

So in such a case is their relation halal or haram?

Answer 1

No, this relation is haram because the woman doesn't cease to be the man's wife if they were staying separately for n number of years (which in itself is a sin because it's forgoing each other's marital obligations) until they are divorced.

And since polyandry is not permissible in Islam, this relation is anything but marriage since the woman is still the wife of the first husband.

Answer 2

الله المستعان

This woman has committed a very big forbidden and illicit Marriage. This marriage is HARAM.

Why?

• When she got married to the 2nd man (not the 2nd husband), she was already married to her husband even if they were separated for so many years and the process of Khula was already in court.

• Assuming, that this women was already divorced from her husband but completing the process of Khula took some time until she get the official document of Khula, then she has to wait for the (eidah) عدة الطلاق which is either:

• 3 menstruation courses or

• 3 months for women in menopause period or

• until birth for the pregnant women

So any marriage should be done after these two conditions; she get already divorced & she wait for the eidah

Any marriage before these two completed is a VERY BIG HARAM and she has to leave (not divorce) this man because the relationship between them is anything except marriage. And both of them shall seek for ALLAH forgiveness and the shall repentance from this big sin and guilt.

I would strongly recommend these two to ask the nearest Islamic religious scholar to know what they should do.