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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the full bridal gift obligatory for a woman whom a man contracted to marry, secluded himself with, and had intercourse with, then divorced, while he claims she is still a virgin?

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Al-Huwaini: Well, regarding an issue that occurred with us: a man contracted to marry a woman, and then, in their seclusion before the contract, he entered her. A dispute arose between them, so he wanted to divorce her. Obviously, in the apparent situation before people, he had not entered her, but in reality, he had. So he claimed and said that she is considered a virgin and takes half the bridal gift; because, for example, no blood came out or something like that. And they would present her, for example, to doctors or female doctors to prove that the hymen is still present. So some people issued a ruling for him, saying that even if the doctors say the hymen has not been broken, she is entitled to the full bridal gift; because Imam al-Shafi'i (may Allah have mercy on him) said: "I do not know of any disagreement among the scholars that zina (unlawful sexual intercourse) is established by the concealment of the glans in the woman's private part, whether he ejaculated or not." Here is the situation: is this man’s wife considered to have been entered, meaning she is treated as a wife such that she takes the full bridal gift? Or if the doctor proves that the hymen is still present, does she remain entitled to only half the bridal gift?

The Shaykh : The issue is one of disagreement between the spouses, so the husband denies it and she admits it?
Al-Huwaini: There is no disagreement on... a normal, ordinary disagreement occurred between them.

The Shaykh : Never mind that disagreement. I am asking now: does the wife admit what the husband claims, that he did not have intercourse with her?
Al-Huwaini: We do not know the wife’s statement; because this issue was presented by the man.

The Shaykh : Do you not ask the woman, may Allah bless you?
Al-Huwayni: Yes.

The Shaykh : Do you not ask the woman? Is her opinion not taken? Why is the issue imposed from one side only?
Al-Huwaini: Because I asked this question, so I said I would answerThe Shaykh : it, on the assumption that the woman answered with yes or no.

The Shaykh : In that case, her statement is the valid one.
Al-Huwaini: In this issue?

The Shaykh : Yes, exactly.
Al-Huwaini: Even if it is a lie? In reality, we do not know.

The Shaykh : We do not know, but let us assume the woman agrees with the husband’s claim that he did not have intercourse with her. The problem is resolved, correct?
Al-Huwayni: Yes.

The Shaykh : Well, let us assume another hypothesis: that the woman says, "No, I am not a virgin." This examination, which is an innovation of the modern age, is not what we consider prescribed for exposing the private parts for the most trivial reasons. If, for example, the matter is taken to the court and the judge doubts the woman’s truthfulness, then it may be possible to resort to some midwives to examine her, not doctors. But if the judge does not doubt her truthfulness, and it is more likely in his opinion that the man is lying out of regard for his material interest, then he adopts the woman’s statement, not the man’s.
Al-Huwaini: But if the man comes and confesses, saying, "I actually entered her," is he obligated to pay the full bridal gift here, even if the female doctors prove that the hymen is still present; because it may be elastic or something like that?

The Shaykh : Without a doubt; because he tasted her fluids.
Abu Layla: ... .

The Shaykh : ... .

Another questioner : ... you monopolizedThe Shaykh
Al-Huwaini: By Allah, O Shaykh, if I succeeded in this, I would have truly succeeded.

The Shaykh : You are not prepared, it is not that you are not prepared, because you do not have a recording.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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