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Fatwa CenterDivorce before consummation of marriage and the woman's status
Question
I was divorced three days after concluding my marriage contract without having consummated the marriage. If I marry another man, will it be stated in the marriage contract that I am a virgin or a divorcee?
Answer
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
If you have not lost your virginity through sexual intercourse with the man you were previously married to, and he divorced you, you are still considered a virgin in fact and under the Sharee‘ah (Islamic law). Stating this in the marriage contract is not necessary. If it is stated that you are a virgin on the basis that you are indeed so, this is valid; and if it is stated that you are divorced but you are still a virgin, this is also valid. However, if stating that you are divorced gives the impression that you are not a virgin then this should not be done, because a woman who is not a virgin is different from a virgin woman in some rulings concerning marriage.
Allaah Knows best.
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