Abstract:
Proposal is one of the ancient customs and preliminaries of the marriage contract. In Islam, the custom of proposal is accepted, and various jurisprudential rulings have been established for it. One of the cases that jurists have discussed regarding the permissibility or impermissibility of proposal is proposing to a woman who has previously been proposed to by another person. In the present research, using a library-based method and analyzing jurisprudential evidence, the ruling on proposing to a betrothed woman has been explained from the perspective of the jurisprudence of both parties. The findings of this research show that the main reason for this issue entering jurisprudential discussions and the attention of jurists to it is a prophetic narration transmitted from the Ammah, which prohibits proposing to the betrothed of a believing brother. Although this narration prohibits proposing to a betrothed woman in an absolute sense, most Shia and Sunni jurists consider it permissible to propose to a betrothed woman who has not responded to her previous suitor. Regarding proposing to a betrothed woman who has given a positive response to her previous suitor, Sunnis hold it to be forbidden (haram), and among Shia jurists, there is a difference of opinion. Based on this narration, a group of Shia jurists hold it to be forbidden, and in addition to this narration, they have relied on other evidences such as the rule of 'prohibition of harming a believer' (hurmat idha' al-mu'min). Those who argue for its permissibility reject the authenticity or the implication of this narration, question the scope of the prohibition of harming a believer, and rely on the principle of 'Asalat al-Hill (the presumption of permissibility), considering proposing to a betrothed woman to be without issue.
Machine summary:
The findings of this research show that the main reason for this issue entering jurisprudential discussions and the attention of jurists to it is a prophetic narration transmitted through the Sunni (Amah) which prohibits proposing to the fiancée of a believing brother.
Although this narration prohibits proposing to an engaged woman in an absolute sense, most Shia and Sunni jurists consider it permissible to propose to an engaged woman who has not responded to her previous suitor.
Regarding proposing to an engaged woman who has given a positive response to her previous suitor, Sunnis hold it to be forbidden (haram), while there is a difference of opinion among Shia jurists; based on this narration, a group of Shia jurists consider it forbidden and, in addition to this narration, have relied on other evidences such as the rule of the prohibition of harming a believer (hurmat idha' al-mu'min).
181) By examining the jurisprudential books of the early Shia, it becomes clear that this issue was first raised in the book of Sheikh Tusi, and it was not addressed in the books of Sheikh Saduq and Kulayni, even though the issue was prevalent in the Islamic community and usually every woman or girl who met the conditions for marriage had several suitors; if the ruling on proposing to a fiancée were prohibition, there should have been discussions about the ruling of this matter and its reasons in the old books there should have been, with these evidences, the possibility of the permissibility of such an act among the Shia becomes stronger.
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