i am an unmarried guy but want to marry a girl who had taken Khula around 5 years back and since she never met her husband. so, can i marry her?
will i be her only husband after nikaah or she will be called his wife as well?
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
If the woman in question and her previous husband executed a Khula whereby the husband issued a divorce in exchange for a stipulated amount of wealth, the same rule of Talaq will apply in that her marriage will be dissolved. (Bada’i al-Sana’I, vol. 3 pg. 227, Dar al-Kutub Deoband)
ولنا أن هذه فرقة بعوض حصلت من جهة الزوج فتكون طلاقا (بدائع الصنائع)
However, if the woman merely proposed a Khula to the husband, the marriage will not be dissolved. The husband must accept the Khula and issue a divorce. If he accepted the Khula, it will then be permissible for you to marry her. If the husband did not accept the Khula, the Khula will not be valid. After the termination of her first marriage, she will only be referred to as the wife of the present husband and not her previous husband. Thus, if you marry her, you will be her only husband. A woman cannot be married to more than one husband unlike a man who can marry up to four wives.
Considering the fact that you are unmarried and presumably never married before, it will still be permissible for you to marry her despite the fact that she was previously married. The majority of the chaste wives of Rasulullah صلى الله عليه و سلم were also previously married before they were married to Rasulullah صلى الله عليه و سلم . Thus, there is no detestability in marrying previously married women. Nevertheless, you should consult with your parents and elders in regards to marrying this girl. They will guide you to a decision that is in your best interest based upon their experience in life.
And Allah knows best
Wassalam
Ml. Yusuf bin Yaqub,
Student Darul Iftaa
Checked and Approved by:
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah