The question discusses the permissibility of a temporary marriage contract for a virgin girl who has removed her virginity by herself without external involvement, considering her independence from her family despite living with them. The question also addresses whether the contract would be valid if she were living independently.
[AR_ID:4482]
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1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
A virgin is defined as one who has not lost her virginity through a valid marriage contract. It is obligatory to obtain the permission of her guardian (father) as a precaution. A woman who has lost her virginity through a valid marriage is considered a widow.
Thus, this girl is still considered a virgin according to Islamic law.
Since marrying a mature virgin who is independent in her affairs requires prior permission from her father as a precaution, it is necessary to obtain his consent in any clear manner, whether through explicit permission or otherwise, as long as it clearly indicates his consent. If the father allows his daughter to manage her affairs and it is clear that he intends for her to be independent in both permanent and temporary marriage, this is sufficient. However, it should be noted that merely allowing her to act does not usually indicate that. In fact:
1- He may not intend this permission to include marriage at all.
2- He may only want to permit permanent marriage and not temporary marriage, as he may believe that temporary marriage could expose his daughter to harm.
3- He may want to allow only temporary marriage and not permanent marriage, as he may see it as his right to have the final say in this matter.
In conclusion, she must ensure his satisfaction, even through clear indications that demonstrate this, and the determination of this varies according to different societies, customs, and the relationships between fathers and daughters.
Ayatollah Sistani (may Allah protect him):
A virgin is one who has not been entered by her husband. A woman who was married and her husband died or divorced her before consummation is still considered a virgin, as is one who lost her virginity through means other than intercourse, such as a leap or similar. However, if she lost her virginity through fornication or questionable intercourse, she is considered like a virgin.
Thus, this girl is still considered a virgin according to Islamic law.
Since marrying a mature virgin who is independent in her affairs requires prior permission from her father as a precaution, it is necessary to obtain his consent in any clear manner, whether through explicit permission or otherwise, as long as it clearly indicates his consent. If the father allows his daughter to manage her affairs and it is clear that he intends for her to be independent in both permanent and temporary marriage, this is sufficient. However, it should be noted that merely allowing her to act does not usually indicate that. In fact:
1- He may not intend this permission to include marriage at all.
2- He may only want to permit permanent marriage and not temporary marriage, as he may believe that temporary marriage could expose his daughter to harm.
3- He may want to allow only temporary marriage and not permanent marriage, as he may see it as his right to have the final say in this matter.
In conclusion, she must ensure his satisfaction, even through clear indications that demonstrate this, and the determination of this varies according to different societies, customs, and the relationships between fathers and daughters.
May you be successful in all good.