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Fatwa CenterHer Husband Was Engaged in Foreplay with a Non-Mahram Woman: Does He Have to Marry Her?
Question
After childbirth my husband and I had a quarrel on the way home. He proposed to his secretary who accepted instantly (knowing of the baby and of our quarrel). She is 26 years old and from a place where they put great emphasis on virginity. He wrote her a piece of paper and told her that they were now married (no witnesses), and then he took her in his car where she let him molest her and introduce his finger into her vagina (there was no intercourse). He claims to have been disgusted during the act and has repented. He says he doesn't know how it happened or what came over him. He doesn't want to marry that girl, but feels obliged in front of God. The question now is: would God approve of him marrying her for the sake of “Satr” (So that she can explain her non-virginity) and then divorcing her (knowing that she is asking for "Mo'akhar of 40 000 pounds which we will gladly supply somehow just to get rid of her) Or does he have to marry her for real? In which case I will get a divorce?
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.
No doubt, what your husband did with this woman is a sin. So, he has to repent from what he did, to feel sorrow for his act and to continue asking forgiveness of Allah. A marriage is not considered legal except in the presence of a guardian of a woman and two trustworthy witnesses.
For more benefit about the conditions of a valid marriage, please refer to Fataawa 82623 and 81385.
In addition, your husband deceived her by making her believe that only writing on a paper is sufficient for a marriage contract. Based upon that, she let him enjoy her. Now, he is obliged to do the following:
First, he should marry the girl, fulfilling all the conditions of a valid marriage, due to his deceiving her into believing that she became his wife by a written piece of paper.
Second, is marrying with the intention of divorcing permissible? In fact, Muslim scholars differ concerning this matter. For more benefit concerning this issue, please refer to Fatwa 83457.
Third, if he wants to marry her and keep her as a wife forever, then, in this case, you should not demand divorce from him since Allah has made it lawful for him to marry another woman. Allah Says (what means): {…then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one…} [Quran 4:3] In this case, he has to deal justly with his wives.
Finally, you should be content with the Islamic Sharee’ah, fulfilling your husband's rights and being good with him.
Allah knows best.
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