If he married her on the condition that she was a virgin, but it turned out otherwise, the marriage is valid
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Fatwa number ( 12314 )
Q: I married a woman from abroad, and between me and her family it was agreed that she was seventeen years old, but she has now become twenty-five. Between me and them, it was agreed that she was a virgin, and no one had ever had intercourse with her before me, but I found that she was not a virgin. I returned and brought her to our country, Saudi Arabia, and she stayed with me for four months, and I did not see any ill in her in any way. So now, dear brother, give me a ruling on these questions: Should I keep her with me, or should I return her to her country? If there is sin in this, explain it to us, and if there is righteousness in it, explain it to us? This is all I have. May Allah preserve you, care for you, and guide your steps.
A: If your marriage to the aforementioned woman was with the permission of her guardian, and the contract fulfilled the remaining pillars and conditions, and no impediment to the marriage was present, then the marriage is valid, and what you mentioned in the question regarding her being a previously married woman or being older than the age you stipulated does not invalidate it. If a dispute arises between you over this, the matter is referred to the court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: I married a woman from abroad, and between me and her family it was agreed that she was seventeen years old, but she has now become twenty-five. Between me and them, it was agreed that she was a virgin, and no one had ever had intercourse with her before me, but I found that she was not a virgin. I returned and brought her to our country, Saudi Arabia, and she stayed with me for four months, and I did not see any ill in her in any way. So now, dear brother, give me a ruling on these questions: Should I keep her with me, or should I return her to her country? If there is sin in this, explain it to us, and if there is righteousness in it, explain it to us? This is all I have. May Allah preserve you, care for you, and guide your steps.
A: If your marriage to the aforementioned woman was with the permission of her guardian, and the contract fulfilled the remaining pillars and conditions, and no impediment to the marriage was present, then the marriage is valid, and what you mentioned in the question regarding her being a previously married woman or being older than the age you stipulated does not invalidate it. If a dispute arises between you over this, the matter is referred to the court. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.