The Details of the Question
Asalam alaykum, My question is a girl who is a virgin but won't bleed having sex for the first time, what are some answers or good advices you can give about this issue that some girls has who don't bleed even though being a virgin?
The Answer

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)

The control of virginity only can be done in such situations: If woman with the claim of “my husband is not able to have a sexual intercourse with me” goes to the law, judge looks; if man is convenient for treatment, one year time is given to man and wanted him to have treatment. After at the end of that time, if woman still claims that her husband still is not having intercourse with her… and man denies that, virginity control may be done. This control is only for the claim of woman for making a decision of divorcement.

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