Is marriage to a non-virgin woman valid?

Question 4: I have been married to my cousin for three months. I thought that she was a virgin and paid her Mahr (mandatory gift to a bride from her groom) based on that. However, on the wedding night, it was a great shock to know that she was not a virgin. She told me that when she was thirteen years old, she fell down from the roof which caused her to lose her virginity. Her family who knew this fact well did not tell me the truth and deceived me. Out of fear of Allaah, I did not falsely accuse her and agreed not to disclose this fact to anyone.I had sexual intercourse with her because of her insistence. Now, I dislike this woman whom I loved before. Could you please answer the following questions?

1- Is the marriage contract invalid as her Waliy (a legally accountable person acting for a woman regarding marriage) did not tell the truth and deceived me?

2- If this marriage is invalid, what is the ruling on having intercourse with her? Is it regarded as Zinaa (premarital sexual intercourse), if so, what should I do?

3- Is it permissible for me to divorce her as I can not bear living with her or her family?

Answer: If your marriage with this woman was concluded with the permission of her Waliy (a legally accountable person acting for a woman regarding marriage), and the conditions and Arkaan (essential elements) of the marriage contract were satisfied, and there was no prohibitive impediment to the marriage, the marriage is valid. What you mentioned in the question about her not being a virgin or older than the stipulated age does not invalidate the contract. If a dispute arises between you over this, you should refer it to the courts… read more here.

Advertisements

Validity of marriage to a woman who turns out to be not virgin

Question 3: I married a woman from another country, whose family said she was a 17-year-old virgin who had not slept with anyone before me, but whom I later found to be a 25-year-old non-virgin. I brought her with me to Saudi Arabia and lived with her for four months, during which time I found no fault with her in anyway. Would you now please give me a Fatwaa’ (legal opinion issued by a qualified Muslim scholar) based on my question: Should I keep her with me or send her back to her country? If this would involve either a sin or goodness, please explain this to me. May Allaah protect, support, and guide you!

Answer: If your marriage with this woman was concluded with the permission of her Waliy (a legally accountable person acting for a woman regarding marriage), and the conditions and Arkaan (essential elements) of the marriage contract were satisfied, and there was no prohibitive impediment to the marriage, the marriage is valid. What you mentioned in the question about her not being a virgin or older than the stipulated age does not invalidate the contract. If a dispute arises between you over this, you should refer it to the courts… read more here.

Parents asking their son about his wife’s virginity

Question 2: The morning after the wedding, some people may ask the husband about his wife’svirginity. They may ask him: Have you found your wife to be a virgin or not?Is it lawful for the husband to respond, especially when the questioner is one of his or her parents?

Answer: There should be no questions or answers in this regard. Rather, the means to it should be blocked to save the honor of Muslims… read more here.

Wife hiding non-virginity due to an accident from the husband

Question 1: A Muslim woman had an accident in her childhood which caused her to lose her virginity. Her marriage contract has been concluded but she has not consummated marriage yet. Another woman had the same accident when she was a child and now many suitable suitors propose to her. What should both of them do? Should the married woman tell her husband before the consummation of marriage or keep it a secret? With regards to the woman who has not yet got married, should she keep it a secret so people may not think ill about her, especially that the accident happened in her childhood when she was not legally competent? Or is it considered cheating and treachery? Should she tell her suitors about the accident before concluding the contract?

Answer: There is no harm in the Sharee`ah to keep it a secret, then if the husband asks her after the consummation of marriage, she should tell him the truth… read more here.

Husband neglecting his wife’s rights

Question 10: I am a Muslim woman from Pakistan. I am twenty-seven years old, and I have a Bachelor of Medicine and Surgery. I married two years ago, and I do not have any children. I have been living with my motherin Saudi Arabia since 1394 A.H., except for the years of my university study that I spent outside Saudi Arabia. My mother is divorced and lives with her father. I met my husband while studying in college. He is a graduate of the same Faculty of Medicine where I graduated in Pakistan. We got married when he was in the intern year, which fresh graduate doctors should pass by working in a certified hospital in return for no salary. My husband did not have the financial ability to sustain me and provide me with a suitable home, as he had neither a separate home nor a permanent source of living, so I decided to return to Saudi Arabia to live with my mother, after taking my husband’s permission. We hoped to find a job for my husband in Saudi Arabia after finishing his internship, so that we could live together, but things did not work out as we had planned, and we failed. My husband could not enter Saudi Arabia to get a job there. Moreover, he did not exert any efforts to get a job in Pakistan to sustain himself; even the temporary jobs he managed to get he left to search for other ones.A year ago, he decided not to search for a job anymore, and he preferred to stay at home and continue his postgraduate studies. He has taken the exam three times until now, but he failed every time. He neither has a job to sustain himself, nor has he passed the exam to continue his postgraduate studies, and he is unable to meet his obligations towards me as his wife.

Since our marriage, he has borrowed 80,000 Pakistani rupees from me, with the intention of repaying it when he can. However, he sent me a letter recently telling me that he cannot repay the debt, which he has promised me to repay, at all.

My husband’s family never consented to our marriage. During the first days of our marriage, a fight took place between my husband and his brother, and they used knives. My husband was stabbed by his brother and was on the verge of death. However, he told me that this fight had nothing to do with our marriage, but it had to do with family affairs. Then, my mother-in-law decided to dismiss my husband from the house. The family members have, finally, reunited,but they do not accept me as their daughter-in-law until this moment.

My husband’s financial circumstances do not allow him to provide me with Nafaqah (obligatory financial support); he does not care about my financial, physical, and emotional needs; in addition to his great dependence on me in financial matters. I have also figured out that he is an irresponsible man.

My husband’s family is violent, harsh, and irritable. They are also dissatisfied with my marriage to their son, which means that living with this family might cause me harm and jeopardize my safety. There is no guarantee that they will not harm me if I move to live with them, as my husband does not have a separate house. I have recently felt deep hatred for my husband for the previous reasons, which caused me to ask him for Talaq (divorce pronounced by a husband) many times, but he refused.

Your Eminence, my problem can be summed up in the following points:

First, my husband has not been able to provide me with Nafaqah since our marriage, which was two years ago.

Second, there is no hope that my husband gets a job in the near future to provide a means of living for me.

Third, my safety will be jeopardized if I live with my husband’s family in the same house.

Fourth, my family’s conditions force me to live with my mother who has been divorced since 1408 A.H.; she has two other daughters; and she does not receive any financial support from my father.

Fifth, I have no source of living to sustain me, as I have not got a job yet.

Sixth, the years pass quickly, and I am a woman who wants to have a family, children, and a husband that supports me.

Seventh, I now hate my husband to the extent that I cannot fulfill my duties towards him.

Eighth, can I ask for Talaq from my husband?

Ninth, what is the most suitable attitude my husband should take concerning my request for Talaaq? Al-salaamu `alaykum warahmatullaah wabarakaatuh (May Allaah’s Peace, Mercy, and Blessings be upon you!)

Answer: If the reality is as you mentioned, you have right to ask for Talaaq, and you are not committing a sin for this… read more here.

A woman asking for money to have intimate relations with her husband

Question 9: Whenever I ask my wife to come to my bed for intercourse, she refuses unless I give her a sum of money. I have two children from her, and I do not have the means to give her a sum of money every time. I am a manual worker and my work just covers the daily expenses of my house. I find it difficult to meet the extra financial demands of my wife. I do not want to earn a fortune; all I want is to please Allaah and enter Jannah (Paradise) that Allaah (Exalted be He) has prepared for the pious people. We ask Allaah (Exalted be He) not to deprive us of it. I have advised my wife that her attitude is completely wrong and Haraam (prohibited), yet she remains stubborn, and she even mocks me. Please advise, may Allaah reward you and safeguard you for the Muslims.

Answer: It is the spouses’ duty to keep good company with one another. Allaah (Exalted be He) says: …and live with them honourably. He also says: And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) according to what is reasonable, but men have a degree (of responsibility) over them.… read more here.

Fasting in the presence of the husband

Question 4: I am a religiously committed woman. I observe Sawm (Fast) in Ramadaan, the six days of Shawwaal, the White Days (13th, 14th, and 15th of every Hijree month), in addition to Mondays and Thursdays. When I intend to observe Sawm during such days, I ask for my husband’s permission first. At the beginning he agrees, but after a while he gets angry and exclaims: “Every day Sawm, Sawm!” In this case, is it permissible for me to observe Sawm or not?

Answer: It is not permissible for you to observe supererogatory Sawm in the presence of your husband without his permission, because of his rights as a husband… read more here.

What are the husband’s obligations towards his wife?

Question 3: What are the husband’s obligations towards his wife?

Answer: A husband has to take care of his wife, protect her, and support her financially. Allaah (Exalted be He) says: Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means.… read more here.