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Fatwa CenterSuitor who suspects his fiancée should investigate
Question
Is it permissible to marry a previously married woman who claims to be single, with the possibility that she might be honest or not, without investigation based on the rule that the woman is responsible for herself, or is investigation needed in such a case? Does the Islamic ruling differ if the suitor is not certain of her honesty in this regard?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad 
is His slave and Messenger.
If a woman claims that she is single and nothing is known about her that is contrary to this claim, and no one contests this claim, then it is permissible to marry her and believe her claim. In principle, women are regarded as spouseless (unless proven married). If the suitor suspects his fiancée of being dishonest in this regard, it is preferable for him to investigate the matter and seek the truth. Furthermore, we would like to draw the questioner’s attention to the fact that marriage in Islam is not valid without the consent of the bride’s Wali (legal guardian).
Allaah Knows best.
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