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The question

Is a wife obligated to inform her husband that she was previously engaged, and is her failure to do so considered grounds for divorce or for reclaiming the dowry?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

There are two scenarios for not informing a suitor about a previous marriage:

1. If the previous husband did not consummate the marriage: It is not obligatory to inform him, but it is better to do so to avoid disputes. 2. If the previous husband consummated the marriage (virginity was lost through intercourse): If the suitor stipulated virginity: It is obligatory to disclose the loss of virginity. If the marriage proceeds without disclosure, the husband has the option [to annul it] as long as he has not consummated it. If he chooses annulment, he takes the mahr (dowry). If the suitor did not stipulate virginity: Disclosure is not obligatory, but it is better to inform him to avoid disputes, and the husband then has no option [to annul the marriage].

Regarding divorce before consummation, if the mahr was specified, the woman is entitled to half of it. If it was not specified, she is entitled to a compensatory gift (mut'ah). Allah Almighty says: "There is no blame upon you if you divorce women before consummating the marriage or before stipulating for them a mahr. But provide for them—the wealthy according to his ability and the poor according to his ability—a reasonable provision. This is an obligation upon the doers of good. And if you divorce them before consummating the marriage and you had already stipulated for them a mahr, then [give them] half of what you stipulated, unless they forego it or he in whose hand is the marriage tie foregoes it" [Al-Baqarah: 236-237].

If he divorces her after consummation, she is entitled to the entire mahr, and the husband has no right to claim any part of it. Allah Almighty says: "And if you wish to replace a wife with another, and you have given one of them a qintar [a large amount] [as mahr], do not take anything back from it. Would you take it back through slander and manifest sin? And how could you take it back when you have gone into each other, and they have taken from you a solemn covenant?" [An-Nisa: 20-21].

The questioner is advised to present their case to the Sharia court.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
50545
Imported
Translation status
Source text, unreviewed
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