Is it permissible for the wife to file for divorce and claim the deferred dower if she proves that her hymen was not deflowered after two years of marriage?
A wife is not entitled to seek divorce (طلاق) or annulment (فسخ) on the grounds that she is a virgin, despite her refusal to consummate the marriage; she is thus wrongful unless there is a valid excuse. However, she may seek annulment if there is a defect in the husband that she was unaware of before the marriage contract or did not consent to after it, or if she is harmed by remaining with him. She may also seek khul’ (a form of divorce initiated by the wife) if she dislikes her husband, provided she forfeits some of her rights. In all cases, she is entitled to the full dowry. It is advisable for the couple to communicate to understand the reasons for her refusal and address them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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