Is it permissible to stipulate the virginity of the girl in the marriage contract, and to nullify the contract and [stipulate] legal fees to be borne by whoever commits adultery after the contract? And is the marriage and the begetting of children nullified if the two conditions are breached or if this is concealed? And if the girl pleads not to be divorced for fear of harm, is the marriage then void, or must she be concealed?
It is permissible for the suitor to stipulate virginity, and he has the right to annul the contract if it is absent. However, the stipulation that the contract be voided by the adultery of either spouse is invalid. If it occurs, it is annulled before consummation and becomes binding after it with the dowry of the like. It may also be annulled permanently. The wife's adultery does not prevent the continuation of the marriage nor does it obligate the husband to divorce her, but it is recommended for him to separate from her if she does not repent. As for the lineage of children, it is attributed to the father in every marriage that the husband believed to be lawful.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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