Her previous divorce makes marriage difficult

13-9-2003 | IslamWeb

Question:

I am a practicing Muslim girl, Al-Hamdu Lillah. My parents are worried about me getting marriage because whoever is coming through any source to us, when they find out about my "Khula" (divorce of the herself), they are not coming back. Al-Hamdu Lillah, I have complete faith in Allah, but my parents, especially my mother, are very worried because of this and because of my age. Also she and her family (in Pakistan) always insist that I to come to Pakistan, but they want to hide the matter of Khula. Please let me know what to do in this situation where there are so many girls facing the same marriage problem.
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 sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

It is not a condition to inform the fiancé whether the girl is virgin or deflowred unless he enquires about it.  If he enquires about this, it is an obligation to inform him because if her guardian or herself conceals this, then this is considered as a form of cheating and the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) said: "Whoever cheats us is not one of us." [Muslim]

Hence, if a man conditions that the woman be virgin and he finds out that she is deflowred, then according to the most correct opinion of the scholars may Allaah have mercy upon them he has the choice to invalidate the marriage contract and take back his dowry.  This is the opinion of Imaam Maalik and also one of the opinions of Imaams Ash-Shaafi'i and Ahmad may Allaah have mercy upon them.

Finally, we advise you to fear Allaah and be patient until Allaah makes a way out for you. We supplicate Allaah to grant you a good husband and a good progeny.

Allaah Knows best.

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