Marriage to a Woman Who Has Lost Her Virginity Through Zina

Question

What is the ruling on marrying a woman who has lost her virginity through zina (fornication) with consummation? [AR_ID:3382]

Answer 1

Peace be upon you and God's mercy and blessings.

Grand Ayatollah Sayyid Khamenei (may God protect him):

It is not permissible, as a precaution, without the permission of her father or paternal grandfather, because a woman who has lost her virginity outside of a valid legal marriage is still considered a virgin.

Source: Special Inquiry.

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Grand Ayatollah Sayyid Sistani (may God protect him):

A woman who has lost her virginity through zina or without a valid marriage contract is still considered a virgin. Therefore, if she is not independent and does not have control over her affairs, she must obtain the permission of her father or paternal grandfather. However, if she is independent and has control over her life, she should still seek the permission of her father or paternal grandfather, but this is a precautionary requirement.

Source: Minhaj al-Salihin, Vol. 3, Section 70 + Fiqh for Expatriates, Marriage to a Non-Virgin Girl.

May you be successful in all good.