The question addresses whether it is permissible to marry a woman who has been living with a man for several years without a legal or customary marriage.
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1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
It is permissible if she is a Muslim or a person of the Book, although it is disliked, especially if she is known for immoral behavior. If one does so, he should prevent her from engaging in illicit acts. It is important to note that she may be a virgin, as a virgin is defined as one who has not lost her virginity through a valid marriage contract. Therefore, it is obligatory to obtain the permission of her guardian for marriage, as a precaution.
If she lost her virginity through illicit relations and has not married or had a valid marriage contract, she is considered a virgin in legal terms, even if she is known for immoral behavior, and it is not permissible to contract marriage with her without the permission of her guardian, as a precaution.
Source: Special Inquiry: 1, 2.
Ayatollah Sistani (may Allah protect him):
It is not prohibited; one may engage with a woman known for immoral behavior, although it is disliked. However, if she is known for such behavior, the validity of engaging with her is contingent upon her repentance. It is also important to consider the issue of virginity; a virgin here refers to one who has not been entered by her husband. A woman who was married but her husband died or divorced her before consummation is still considered a virgin, as is one who lost her virginity through means other than intercourse. If she lost her virginity through illicit relations or questionable intercourse, she is treated as a virgin. Conversely, if she has been entered by her husband, she is considered a non-virgin, even if her virginity was not broken.
Source: Minhaj al-Salihin - Vol. 3 - Marriage - M 261 + Guardians of the Contract - M 70
May you be successful in all good.