A question regarding the permissibility of marrying a girl who is not a virgin but has not engaged in any sexual relations, and whether parental consent is necessary in such a case.
[AR_ID:5280]
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1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
In this case, she is still considered a virgin, regardless of whether she is from a Shia or Sunni background.
- A virgin is defined as someone who has not lost her virginity through a valid legal marriage, and it is obligatory to obtain the consent of her guardian.
- A non-virgin is someone who has lost her virginity through a valid legal marriage.
Source: Special Inquiry.
Ayatollah Sistani (may Allah protect him):
In this case, she is still considered a virgin, regardless of whether she is from a Shia or Sunni background.
Therefore, it is required to obtain the consent of her father or paternal grandfather to marry a virgin girl, unless she is independent in her affairs and has control over her own matters. It is also obligatory to obtain the consent of one of them if she is independent.
- A virgin is someone whose husband has not had sexual relations with her. If a woman was married and her husband died or divorced her before consummation, she is still considered a virgin. Similarly, if she lost her virginity through means other than sexual intercourse, such as an accident, she is still regarded as a virgin. However, if she lost her virginity through fornication or questionable intercourse, she is treated as a non-virgin.
- A non-virgin is someone who has been previously married with consummation.
Source: Official Website + Minhaj al-Salihin, Vol. 3, Section 70 + Fiqh for Expatriates, marrying a non-virgin girl.
May you be successful in all good.