If a woman’s virginity is lost through intercourse, whether lawful or unlawful, and a man marries her, what is the ruling if he stipulated it or did not stipulate it?

The questioner : O Shaykh, may Allah forgive you, if a woman’s virginity is lost through intercourse, whether lawful or unlawful, what is the legal ruling if a man marries her in two cases: the first case is if he stipulated it, and the second case is if he did not stipulate it? Does he have the right to annul the marriage or not?

The Shaykh : It is known among the jurists that if a man marries a woman on the condition that she is a virgin, but he did not stipulate that she is a virgin, then he has no option to annul. 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 her to be non-virgin. However, if he stipulated it, then if he finds her to be non-virgin, he has the option.

The questioner : Even if it was not through intercourse, whether lawful or unlawful?

The Shaykh : Yes, if he finds her to be non-virgin, he has the option. Yes, he has the option if he stipulated it.