It Is Unlawful to Marry Unchaste Women Unless They Repent Fatwa No: 85345
- Fatwa Date:23-12-2002
I was in Russia and I met a girl and I loved her, but she was not virgin, after an illeagal sexual relationship before she knew me, but now she understand her mistake and the mistake of her society, and then I married her there in Russia last year. Now we are planning to do the Islamic marriage (kateb kitab) but I want to be sure that the fact that she was not virgin, is not against Islamic marriage, taking into consideration that she is studying Islam now and she is willing to be Muslim. So please tell me : is it Halal or haram to marry and live with her? Please send me the answer.
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
It is unlawful to marry any woman from the People of the Book who is unchaste as Allah Says (what means): {…(Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians)...} [Quran 5:5]
So, the woman who commits Zina (fornication or adultery) is unlawful in marriage – regardless of her religion – unless she repents and the signs of repentance appear on her. But it is safer to stay away from marrying a woman from the People of the Book as this might result in much temptation and defection.
On the other hand, being a virgin is not a condition if the woman is from the People of the Book. The fact, that this lady is not a virgin does not affect the validity of the marriage. Also, it is not a condition that the contract be a written one. It is sufficient to utter it just like the contract with the Muslim woman, provided that there are two witnesses and a Wali (guardian).
As for your staying with her now, according to the most correct opinion, it is acceptable and valid since the contract between you both was valid. But do not spare any effort to teach her Islam and help her befriend righteous and pious people.
All this applies if this woman is Christian or Jew. So, if she is not from the People of the Book, it is completely forbidden to you to marry her in the first place.
Now, if you are married to her and she is not a Christian or a Jew, you must separate from her, and if you have any children, they are legally traced back to you as you ignored the ruling. Now, if she becomes Muslim, Jew or Christian, then you can marry her again with a new contract.
Allah knows best.