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Do I need to divorce her My christian girlfriend I had?

Q:

I had a Christian girlfriend almost a decade ago, with an intention of keeping things halal, I asked her “would you be my wife for life?” She said “yes” then I said “I accept” all said in English.
Later we broke up and she made many other boyfriends. Now she is married TO SOMEONE ELSE & lives very far away.
I want to ask that does it count as nikah? IS IT CONSIDERED VALID NIKKAH? Was she my wife? DO I still NEED TO DIVORCE HER? Should I travel to her for divorce? Or can it be done on a phone call with 2 witnesses??

A:

Waalaykum Salam
Thank you for your question.

Nikah has conditions that must have been fulfilled for the Holy act to be Valid.

In your case, these conditions were not fullfilled, so you were never married to her, so there is no question to divorce .

Kindly refer to the following conditions for a valid marriage contract.

According to Risalah Of Ayatullah Sistani.

https://www.sistani.org/english/book/48/2330/
Chapter twenty-seven » Conditions of a marriage contract – Islamic Laws – The Official Website of the Office of His Eminence Al-Sayyid Ali Al-Husseini Al-Sistani
Ruling 2389. A marriage contract must fulfil the following conditions [in order for it to be valid]: 1. based on obligatory precaution, the formula must be said in Arabic. If the man or the woman are unable to say the formula in Arabic, they can say it in a language other than Arabic, and it is not necessary that they appoint an agent; however, they must use words that convey the meaning of …
www.sistani.org

Also for more information :
The following is the stance of Ayatollah Syed Sistani with regards to marrying someone who is not a Muslim:

2406. A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry a non-Muslim woman *who are not Ahlul Kitab*. However, there is no harm in contracting temporary marriage with Jewish and Christians women, but the obligatory precaution is that *a Muslim should not take them in permanent marriage*. There are certain sects like Khawarij, Ghulat and Nawasib who claim to be Muslims, but are classified as non-Muslims.Muslim men and women cannot contract permanent or temporary marriage with them.

With thanks and regards,
Ask An Alim Team