What is the legal consequence of finalizing a marriage contract while in the prohibited state of proposing over another's proposal?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
Proposing marriage when it is prohibited (i.e., over an existing proposal) is considered unlawful. Ahmad stated that it is not permissible for anyone to propose in such a situation. The apparent meaning of the prohibition indicates its unlawfulness, as it involves causing harm to a protected human being, which typically implies prohibition, similar to consuming wealth or shedding blood unjustly.
Supporting text
Abu Hafs Al-'Ukbarī considered it disliked rather than forbidden, viewing it as a prohibition intended for etiquette, not invalidation. If the marriage contract is concluded despite the prohibition, the marriage remains valid. Ahmad explicitly stated this, saying there is no separation between the couple, and this is the position of Al-Shafi'i. Malik and Dawud narrated that such a marriage is invalid. This invalidity also aligns with the reasoning of Abu Bakr concerning selling upon another's sale, which he deemed void, as this marriage is a prohibited act, akin to marriage involving 'shighar' (a specific type of impermissible marriage contract). However, the prevailing view holds that since the prohibited element did not accompany the formation of the contract itself, it does not invalidate the contract, similar to a man proposing during a woman's waiting period.