The Condition of Virginity in Marriage
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O Shaykh! May Allah forgive you! If a woman’s virginity is lost through lawful or unlawful intercourse, what is the legal ruling if a man marries her in two situations: The first situation: if he conditions that she be a virgin.
And the second case: If he does not condition that she be a virgin.
Does he have the right to annul the marriage or not?
It is well known among the jurists that if a man marries a woman on the condition that she is a virgin, but does not stipulate that she must be a virgin, he has no option to annul the marriage. This is because virginity may be lost through a woman’s own tampering with herself, or through a strong jump that tears the hymen, or through being coerced into unlawful sexual intercourse. As long as this possibility exists, the man has no right to annul the marriage if he finds that she is not a virgin.
However, if he stipulates that she must be a virgin, and he finds that she is not a virgin, he has the option to annul the marriage.
And the second case: If he does not condition that she be a virgin.
Does he have the right to annul the marriage or not?
It is well known among the jurists that if a man marries a woman on the condition that she is a virgin, but does not stipulate that she must be a virgin, he has no option to annul the marriage. This is because virginity may be lost through a woman’s own tampering with herself, or through a strong jump that tears the hymen, or through being coerced into unlawful sexual intercourse. As long as this possibility exists, the man has no right to annul the marriage if he finds that she is not a virgin.
However, if he stipulates that she must be a virgin, and he finds that she is not a virgin, he has the option to annul the marriage.