Is it permissible for the brother to swear an oath to end the dispute between the two families after the husband accused his wife of not being a virgin?
A brother is not permitted to swear an oath except upon what he knows with certainty. The dispute must be resolved either by divorcing her and taking her mahr (dowry) if he had stipulated her virginity, or by keeping her and covering her secret, whether her virginity was lost by choice or necessity, as long as she has become righteous and repented. This is the more correct approach. If she claims that her virginity was lost due to something other than indecency, or that she was coerced and forced, or that she has repented and regretted, then that does not harm him, and she should be covered. If he strongly believes in her truthfulness and righteousness, he should keep her; otherwise, he should divorce her while maintaining her privacy. Wise individuals should intervene for reconciliation. It is not permissible to swear an oath on something one does not have knowledge of, as the husband is the only one who can be aware of this matter, and it is obligatory to cover her secret because the loss of virginity does not necessarily imply zina (fornication/adultery).
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- Ftawy
- Original fatwa ID
- 27956
- Imported
- Translation status
- Source text, unreviewed
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