Is it permissible, in Islamic law, to surgically restore the hymen of a divorced wife with whom consummation secretly occurred, and to discreetly give her her legitimate rights (deferred dowry), in order to avoid the danger of her father killing her, as he refuses to take her back after learning of the consummation?
Upon the valid conclusion of the marriage contract, the husband has the right to enjoy his wife. However, custom dictates that cohabitation does not begin until the wedding. His intimacy with his wife before the wedding is not forbidden, and any child born would be attributed to him. Nevertheless, it is considered a transgression due to the violation of custom.
If the girl's waiting period (iddah) has ended and her father refuses your marriage without a valid reason, it is an injustice. However, if the iddah has not ended, you have the right to take her back despite her father.
The solution is for the girl to refer her case to the judge so that he may marry her to you, or return her to you if her waiting period has not ended. It is not permissible to resort to hymen repair unless the disclosure of her matter would lead to great harm to the girl, for necessities permit prohibitions.
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- 95913
- Imported
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