Virginity condition in Marriage
| Fatwa #1428 | Category: Marriage & Divorce | Country: Austria | Date: 22nd March 2025 |
| Fatwa #1428 | Date: 22nd March 2025 |
| Category: Marriage & Divorce | |
| Country: Austria | |
Question
Assalaamu Alaykum,
I learned that according to Imam Abu Hanifa a woman, who has had sex before, is considered a virgin, if it isn‘t known to the people and she hasn‘t made it a habit.
Considering this can I make a real virgin/bikr haqiqa a condition of marriage? Can I also extend this to other sexual acts (like kissing) or even non-sexual acts (like having nudes online)? What are my rights, if I was deceived on this?
Jazakumu Allahu khayran.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We assume this query is from the male’s point of view.
It is usually a virgin males inherent desire to seek a similar partner for marriage. This desire works vice versa too. Therefore, it is normal for both males and females to look for a partner regarding whose past one is confident.
However, practically speaking, in the event a female has hidden her past such that no one else is aware of it, then there is not much that a man can do in this situation. It will simply be upon him to decide, should he find out, whether he is comfortable carrying on the marriage or he wishes to terminate the marriage. Perhaps the woman has made sincere tawbah due to which her past has been concealed by Almighty Allah.
In the end, some of our affairs are beyond our control and we simply leave them in the hands of Almighty Allah as only He knows what is is best for us. Remember, no one is perfect. Whilst our sins may vary, each of us comes with his or her own past burdens.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia