virginity
Submitted by on Sat, 27/12/2008 - 12:10
Dear Brother / Sister,
In the first intercourse not having the expected bleeding, that is to say, in a situation that a husband who understands that her wife does not have virginal membrane or sees that it is torn, can he divorce his wife?
According to the views of majority, that situation can not be a reason for divorcement. Because:
Even if virginity is very important, virginal membrane may be torn as a result of bouncing, falling from somewhere or jumping from a high place. As a principle it is known that “till it is proved, a person may not be regarded as an accused. So, in such a situation, it is best to make a judgement on behalf of woman supposing that the virginal membrane may have been torn because above mentioned reasons. Nor can woman’s husband, nor can court, nor can someone else ask woman a question such as “Why has it been torn?” No one has such a right.
Even if it is come out during the sexual intercourse that the woman’s (who is thought to be a virgin when marrying) virginal membrane is torn, the“mihr” (livelihood) of the woman can not be lessened. (Hukuk-i Islamiyye and Istilahat-i Fikhiyye Kâmusu)
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