What is the ruling on a marriage contract that states "the mature virgin" when both parties are aware of prior fornication between them?
The mention of virginity in the marriage contract is either a condition set by the husband or not. If it is a condition, and she turns out not to be a virgin, the marriage contract is valid, and the husband has the option [to annul it or not]. If the husband did not stipulate her virginity, the marriage contract is valid, and he has no right to reject it. If the question is about the validity of the marriage contract when the man and woman have committed fornication with each other, then their engaging in fornication does not affect the validity of the marriage contract if they have repented. However, if they have not repented, the marriage is valid according to the majority of scholars, but invalid according to the Hanbalis.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 60245
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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