The World Federation One Stop Fiqh

Ruling 2462

If a husband stipulates a condition in the marriage contract that his wife must be a virgin but after concluding the marriage he realises that she is not a virgin, he can annul the marriage contract. However, if he does not annul it or he did not make such a stipulation in the marriage contract but married her on the belief that she was a virgin, he can take into account the percentage difference between the standard amount given for a dowry (mahr al‐mithl) of a virgin woman and that of a non-virgin woman and deduct that percentage difference from the dowry agreed by them; and if he has already given the dowry to her, he can take it back. For example, if her dowry is £1,000 and the dowry of a woman like her, if she is a virgin, is [usually] £800, and if she is not a virgin, it is [usually] £600, which is a difference of 25%, this percentage difference can be deducted from the £1,000 dowry of the woman [and so her dowry would be £750].