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The question

What are the rulings regarding the marriage of a previously married woman that differ from those of a virgin?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The differences between a virgin (bikr) and a non-virgin (thayyib) are summarized in three matters:

1. Reality: A virgin is one whose hymen has not been removed by marriage, whereas a non-virgin is one whose hymen has been removed by marriage. 2. Permission for Marriage: A non-virgin has more right over herself than her guardian and cannot be married except by verbally expressing her permission. As for a virgin, her silence is sufficient as permission, for the Prophet, peace and blessings be upon him, said: "The non-virgin has more right over herself than her guardian, and the virgin is to be asked for her permission, and her permission is her silence." 3. Assessment of Dower of the Like (Mahr al-Mithl): The dower of a virgin is greater than that of a non-virgin due to her virginity when assessing the dower of the like in cases such as an invalid marriage, where virginity is considered a characteristic that affects the dower.

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Ftawy
Original fatwa ID
137452
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