Can a virgin Muslim man marry a non-virgin (by premarital sex) unmarried Muslim woman?
In Islamic law, the question of whether a virgin Muslim man can marry a non-virgin (unmarried) Muslim woman who has engaged in premarital sex is addressed through various sources.
The Qur'an indicates the importance of chastity in marriage. In Surah An-Nisaa, it states: And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery
4:24. This verse emphasizes that believers should seek marriage with those who are chaste.
In the context of hadith, the Prophet Muhammad ﷺ instructed the necessity of consent in marriage. He said: Do not marry a virgin except with her permission and do not marry a previously married woman except with her consent
Sahih al-Bukhari 90:15. This indicates that a man's potential marriage partner's past may be taken into consideration, but the emphasis is placed on her consent and the nature of the marital relationship.
From a Shia perspective, Al-Kafi provides further insight on this matter. It notes: If a man marries a previously married woman who claims he has not approached her since consummation, the matter hinges on the man's testimony who must swear by God that he has consummated with her because she is the claimant
Al-Kafi 3:430. This narration highlights the importance of clarity in marital relationships, particularly regarding the past of the woman.
Thus, while there are stipulations regarding chastity and consent, a virgin Muslim man can marry a non-virgin unmarried Muslim woman, provided that both parties consent to the marriage and are willing to enter into the relationship with honesty and integrity.
Sources
-
4:24 · An-Nisaa
4:24 · Muhammad Marmaduke Pickthall
۞ وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ ۖ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ ۚ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًۭ ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ ۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا
And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.
-
Sahih al-Bukhari 90:15
Sahih al-Bukhari · Book 90, Hadith 15 · Narrated by Abu Huraira
The Prophet, peace be upon him, said: Do not marry a virgin except with her permission and do not marry a previously married woman except with her consent. It was asked, ‘O Messenger of God, how does she give permission?’ He said, ‘When she remains silent.’ Some say that if a virgin does not give permission and is not married, and a man uses trickery and brings two false witnesses to prove he married her with her consent, and the judge confirms the marriage, knowing the testimony is false, it is permissible for him to consummate it as the marriage is valid.
-
Al-Kafi 3:430
Al-Kafi · Book 3, Hadith 430
There was a group who came to Abu Ja'far (peace be upon him) and met a young boy who was ill. They saw him worried, distressed, and restless. They said, "By God, if anything happens to him, we fear to see something from him that we dislike." Soon they heard him crying loudly. Then he came out to them with a radiant face, unlike his previous state. They said, "May God protect you, we feared from what we saw something that would sadden us." He said to them, "We like to be well among those we love. When God's decree comes, we submit to whatever He wills." — OR — No one should enter Ihram before the appointed stations fixed by the Messenger of Allah (peace be upon him and his family), except if he fears missing the month for Umrah. — OR — Abu Hamza said: I heard Abu Ja'far (peace be upon him) say: If a man marries a previously married woman who claims he has not approached her since consummation, the matter hinges on the man's testimony who must swear by God that he has consummated with her because she is the claimant. If he marries a virgin woman and she claims he has not approached her, such a claim is recognized by women and people trustworthy among them should examine. If she claims to be a virgin, the Imam must delay the matter for a year; if he consummates within that time, well; otherwise, separation is made and half the dowry is returned. No waiting period is incumbent upon her. — OR — During the time of Ja'far ibn Muhammad (peace be upon him), a man insulted the Messenger of God (peace be upon him and his family). The officer of Medina was brought, and he gathered the people. Abu Abdullah (peace be upon him), who was recently ill and wearing a distinctive cloak, entered and seated the man in the center of the assembly, then asked the people’s opinion. Abdullah ibn Hasan, Hasan ibn Zayd, and others said, 'His tongue should be cut off.' The officer turned to Rabi'a al-Ra’i and his companions and asked, 'What do you think?' They said, 'He should be disciplined.' Abu Abdullah (peace be upon him) said, 'Glory be to God, there is no difference between the Messenger of God (peace be upon him and his family) and his companions.'
Answers are generated and checked automatically; they may still be incomplete or imperfect. For religious rulings, consult a qualified scholar.
Ask your own question →