Question:

A colleague of mine is asking about the case of one of her neighbors who was raped years ago and kept the incident a secret from her family. I don’t know the full details of the situation. Now, a young man has proposed to her, and she disclosed the matter to him. He trusts her morals and honesty and insists on proceeding with the marriage, desiring to protect her reputation. She is now confused because the marriage contract includes a clause stating that she is a “virgin of sound mind,” while she is not a virgin and she is feeling down because of it. However, her fiancé knows the truth. Is she sinful before Allah if she conceals this matter despite the presence of this clause in the contract? May Allah reward you.

Answer:

In the name of Allah, the Most Gracious, the Most Merciful.
All praise is due to Allah, and may peace and blessings be upon the Messenger of Allah, his family, companions, and those who follow him.

The presence of this phrase in the official wording of the contract does not affect the validity of the marriage contract. Preserving one's dignity and protecting reputations takes precedence over strict accuracy in the wording of the contract. It is permissible to use a form of ambiguous expression (Indirect allusions) to reconcile this matter, such as interpreting the phrase in reference to her state before the incident. Indeed, there is room for leniency in using indirect allusions to avoid lying. ⁽¹⁾ And Allah, the Exalted, knows best.

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(1) Al-Bayhaqi narrated in Shu'ab al-Iman (4/203), Hadith (4794), from Mutarrif ibn Abdullah who said, “We accompanied 'Imran ibn Husayn from Basra to Kufa. Every day he used to recite poetry to us and remember the days of the Arabs, and he said, 'Indirect allusions give ample scope to avoid lying.'” Al-Bayhaqi commented: “This is reported as authentic mawqoof hadith (which words, actions, approval or a description are attributed to a companion of the Prophet).”

Taken from fatawaalsawy.com