If a husband enters his wife and finds that she is not a virgin, is it permissible for him to demand his mahr?
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The questioner : In the name of Allah, the Most Gracious, the Most Merciful.
Peace be upon you and Allah’s mercy.
Your Eminence, there are customs among us when someone gets married.
The Shaykh : Where are you?
The questioner : In Africa, and in Makkah as well. That is, if a man marries a woman and enters her, and finds that she is not a virgin, he demands the return of his money. What is your opinion on this practice?
The Shaykh : We see that he has no right to demand the money, because he did not stipulate that she be a virgin.
Furthermore, 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 to which she was forced. In that case, we do not see that he has the right to demand the money, unless he had stipulated that she be a virgin. Yes.
Peace be upon you and Allah’s mercy.
Your Eminence, there are customs among us when someone gets married.
The Shaykh : Where are you?
The questioner : In Africa, and in Makkah as well. That is, if a man marries a woman and enters her, and finds that she is not a virgin, he demands the return of his money. What is your opinion on this practice?
The Shaykh : We see that he has no right to demand the money, because he did not stipulate that she be a virgin.
Furthermore, 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 to which she was forced. In that case, we do not see that he has the right to demand the money, unless he had stipulated that she be a virgin. Yes.