Nikah related

[quirk]

This debate came up on another forum on which I post (not an Islamic one) and I thought I may get some better answers here.

The issue was in relation to the case in France where a Muslim man was granted a divorce because his wife had lied about being a virgin. With this I agree.

However the discussion in question is to do with whether a Muslim man can marry a non virgin woman, knowing she isnt a virgin. Another poster said that no self respecting Muslim man would or should however my own view was that if she saw she was wrong and sought forgiveness from Allah then there should be no problem as who are we to hold something against someone even though Allah has forgiven.

I would be grateful for any thoughts on this.

[Hamood]

However the discussion in question is to do with whether a Muslim man can marry a non virgin woman, knowing she isnt a virgin.

There can be three categories of that,

[1] Those women who were previously married and their marriage ended either due to divorce or the husband passing away.

[2] Those women who were raped (they are considered virgins according to Islamic law).

[3] Those who lost virginity due to zina (fornication).

As for permissibility, than it's permissible to marry all three. In regards to whether it's suitable for one to marry any of the above, than that varies from person to person and from situation to situation. For e.g., a man who himself committed fornication (and repented later) might be more willing to accept #3 compared to someone who spent his pre-marriage days staying away from such acts.

[fahid]

As for permissibility, than it's permissible to marry all three.

I wanted to know how it is permissible to marry a Zani. Is it based on one who has received punishment already and repented?

Qur'an 24:3 states:

"The Zani marries not but a Zaniyah or a Mushrikah; and the Zaniyah, none marries her except a Zani or a Mushrik. Such a thing is forbidden to the believers"

Does this Ayah apply to any Zani? Or is it only applying to Prostitutes since the Ayah was revealed in regards to Muslims wanted to marry Prostitutes?

[Ma'ruf]

Fahid, I think there is scholarly disagreement but I'm fairly sure a strong position is that 23:5 qualifies the restrictions in 23:3-4. I just wish I could find where I read this..

So in effect, what is needed is for the one who committed the deed to have truly repented (and as we know, repentance includes refraining from that action in future).

[Dhul-Qarnayn]

I've seen this question sent into Shariahboard, askimam, and other sites. They all give good responses.

If the man finds out when consumating the marriage that she isn't a virgin, then he shouldn't immediately hold it against her and harbor suspicion. The hymen can break prematurely for any variety of reasons, and that isn't uncommon.

However, if she has declared that she has committed the sin of fornication in the past, then I can understand avoiding marrying her, that's a legitimate reason for selection. But if you're ALREADY married to her, then divorcing is a pretty drastic option. You've already slept with her.

If he asks her, and she denies it, then he should leave it at that, and not harbor suspicions unreasonably against a fellow Muslim, least of all his wife. Not to mention it's allowed for a wife to lie to her husband to keep the marriage intact and safe in that kind of a situation from what I've heard. So if Islam makes it that easy for the woman to try and avoid divorce, perhaps the man should too.

The key is to see whether the spouse is now a muttaqi or not, while she's your wife, regardless of whether she was in the past.