What is the ruling of Islamic Sharia on a man marrying a girl who has had her hymen repaired, and what Sharia-based step can the husband take?
The loss of virginity can be due to fornication (zina), rape, an unusual leap, riding on a sharp object, and so on. If it was due to fornication, the girl must repent sincerely, seek much forgiveness, and perform righteous deeds. If it was due to rape, she bears no sin.
As for the hymen repair surgery, it is not permissible due to the -based prohibitions that result from it, such as exposure to the grave awrah (private parts), encouraging immorality, and deception and fraud against the one who will marry her.
Regarding the husband's right: if he discovers that her virginity was lost due to intercourse (fornication or rape) and he had stipulated that he find her a virgin, he has the option to keep her as a wife or request annulment from the judge. In that case, he may reclaim the dowry from whoever deceived him. However, if the virginity was lost without intercourse, the husband does not have this option.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 32375
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy