Is a marriage proposal valid if made while another Muslim man is actively seeking to marry the same woman (proposing on his proposal)?
Chapter on What is Prohibited to Marry and Combining Between Them and Other Matters
Al-Mughni
Book of Marriage
Primary text
A marriage proposal is forbidden if made while a Muslim brother is actively seeking the same woman. This prohibition is specific to Muslims, meaning it does not apply if the initial suitor is a non-Muslim, such as a Jew or a Christian. The basis for this ruling is that the prohibitive text uses language specific to Muslims; non-Muslims are not considered brothers in the same sense, nor do they possess the same degree of inviolability (hurmah). Islamic brotherhood mandates respect, care for rights, guarding the heart, and preserving affection, which necessitates this restriction among Muslims.
Supporting text
Some scholars, like Ibn Abd al-Barr, suggest the prohibition applies universally, arguing that the text mentioning Muslims was used only to describe the typical situation (kharij majra al-ghalib) and was not intended as a specific limitation to Muslims only. This view is refuted because if the mentioned attribute (Islamic brotherhood) carries legal weight, it cannot be disregarded when extending the ruling.