The validity of the marriage if a man marries a woman believing she is a virgin, but it turns out otherwise
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Fatwa number ( 12898 )
Q:I married my cousin’s daughter about three months ago, and I believed she was a virgin, so I paid her the bridal gift on that basis. Then, on the wedding night, while she was in my house, she told me that she was not a virgin,that she had lost her virginity at the age of thirteen after falling from the roof of the house. All the family knew about it, but they hid it from me, the husband, and married her to me as if she were a virgin. However, I feared Allah the Exalted regarding her and did not accuse her of anything. I agreed with her that I would keep her secret, and I did so. I greeted her visitors as if she had been a virgin and had lost her virginity through marriage.
On the wedding night, intercourse did indeed take place between us, but it was under her insistence because she saw that I was very sad about it. However, that matter made me repulsed by her, and I can barely stand her after having loved her. There are questions I want answered: 1 - Is the marriage contract invalid because her wali denied her condition to me, and thus it is considered deception on her part? 2 - What is the ruling on intercourse in this case, and is it considered zina? If it is zina, what is the solution? 3 - Is it permissible for me to divorce her, especially since I can no longer stand her, nor her family, after this matter?
A: If the woman’s wali contracted a lawful marriage for you with his daughter, then the marriage is valid, and the fact that you found the girl to be non-virgin does not invalidate the contract. Nor is your intercourse with her considered zina. As for your divorce of her when there is a need, it is permissible. The matter of the mahr and its deferred portion is referred to the Shari'ah 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 my cousin’s daughter about three months ago, and I believed she was a virgin, so I paid her the bridal gift on that basis. Then, on the wedding night, while she was in my house, she told me that she was not a virgin,that she had lost her virginity at the age of thirteen after falling from the roof of the house. All the family knew about it, but they hid it from me, the husband, and married her to me as if she were a virgin. However, I feared Allah the Exalted regarding her and did not accuse her of anything. I agreed with her that I would keep her secret, and I did so. I greeted her visitors as if she had been a virgin and had lost her virginity through marriage.
On the wedding night, intercourse did indeed take place between us, but it was under her insistence because she saw that I was very sad about it. However, that matter made me repulsed by her, and I can barely stand her after having loved her. There are questions I want answered: 1 - Is the marriage contract invalid because her wali denied her condition to me, and thus it is considered deception on her part? 2 - What is the ruling on intercourse in this case, and is it considered zina? If it is zina, what is the solution? 3 - Is it permissible for me to divorce her, especially since I can no longer stand her, nor her family, after this matter?
A: If the woman’s wali contracted a lawful marriage for you with his daughter, then the marriage is valid, and the fact that you found the girl to be non-virgin does not invalidate the contract. Nor is your intercourse with her considered zina. As for your divorce of her when there is a need, it is permissible. The matter of the mahr and its deferred portion is referred to the Shari'ah 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.