The woman's mahr is not contingent upon the preservation of her virginity
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The honorable Shaykh! There are customs among us in Africa, and also in Makkah, where if a man marries a woman and has intercourse with her and finds that she is not a virgin, he demands the return of his money. What is your opinion of this practice?
We see that he has no right to demand the money; because he did not stipulate that she be a virgin. Moreover, there are causes for the loss of virginity other than intercourse. Virginity may be lost by a jump the woman makes, or by a woman’s tampering with herself during puberty, or by intercourse she was forced into. In that case, we do not see that he has any right to make a claim unless he had stipulated that condition.
We see that he has no right to demand the money; because he did not stipulate that she be a virgin. Moreover, there are causes for the loss of virginity other than intercourse. Virginity may be lost by a jump the woman makes, or by a woman’s tampering with herself during puberty, or by intercourse she was forced into. In that case, we do not see that he has any right to make a claim unless he had stipulated that condition.