If I propose to her and marry her, will my marriage contract be in accordance with Islamic sharee’ah, or will my marriage be faulty because my friend looked at her?.
Praise be to Allaah.
If this woman is of good character and is religiously
committed, there is nothing wrong with proposing marriage to her. Women may
be seen by more than one suitor before they get married to one of them. The
mere fact that your friend looked at her does not mean that you cannot marry
her. Even if she was married before, then she was divorced or her husband
died, which is more serious than looking, would anyone hesitate to say that
it is permissible to marry her?
There are clear saheeh texts which speak of the matter about
which you are asking, such as the following:
It was narrated that Ibn ‘Umar (may Allaah be pleased with
him) said: The Prophet (peace and blessings of Allaah be upon him)
forbade outbidding one another, and no man should propose to a woman to whom
his brother has already proposed, unless the first suitor gives up the idea
or gives him permission to propose.
Narrated by al-Bukhaari, 4848; Muslim, 1412
This hadeeth shows that it is haraam to propose to a woman to
whom someone else has already proposed, and that it is not permissible for
the second suitor to propose unless the first suitor withdraws his proposal
or gives permission to the second. This is what has happened with you and
If you are sure that she is of good character and religiously
committed, then you should pray istikhaarah, then propose to her.
We ask Allaah to help you to do that which is best for you.
And Allaah knows best.