Concealing the Loss of Virginity (Without Intercourse from the Husband) and Its Impact on the Marriage Contract: A Comparative Jurisprudential Study

Authors

  • د. محمد بن سعد بن عبد الرحمن الحنين جامعة الامام محمد بن سعود الاسلامية

Keywords:

Loss of Virginity, Marriage, Contract, Islamic Jurisprudence, Concealment in Marriage, Dowry in Islamic Law

Abstract

Abstract:

This research addresses the topic of "Concealing the Loss of Virginity (Without Intercourse from the Husband) and Its Impact on the Marriage Contract: A Comparative Jurisprudential Study." The study examines how Islamic law cares for the family, particularly in cases where a girl experiences the loss of virginity due to an incident other than intercourse prior to marriage. This is a significant legal issue that requires attention due to its serious implications.

In the first section, the study defines the concept of virginity:

- The first subsection presents the linguistic definition and the medical understanding of virginity.

- The second subsection explores the juristic perspectives on the definitions of a virgin and non-virgin concerning consent in marriage.

The second section discusses the loss of virginity without intercourse and its concealment from the husband, considering whether virginity is a condition for marriage. Through inductive and analytical methods, the study aims to determine the juristic ruling on the matter and its legal basis.

The third section examines the scholars' views on whether the husband's stipulation that the wife must be a virgin, though her virginity was lost without intercourse, grants him the option to annul the marriage. This is discussed in two subsections.

The fourth section analyzes the impact of the husband's stipulation that the wife be a virgin on the validity of the marriage contract if her virginity was lost without intercourse.

The fifth section addresses the effect of the husband's stipulation on the dowry if the wife's virginity was lost without intercourse.

The study concludes with findings presented in the conclusion, followed by a list of sources and a subject index.

Published

2024-12-31

Issue

Section

Articles