Vous Be the Judge: The Case of the Dud Virgin

[Zkribbler]

A court in France granted an annulment to a Muslim man who, on his wedding night, discovered his wife was not the virgin she claimed to be. French law permits an annulment when one of the parties misrepresents one of his or her "essential qualities."

The case is now on appeal. The argument is that the finding that virginity is an "essential quality" discriminates against women.

How would you rule?

[snoopy369]

I rule it was important to him, and therefore essential to one party in the contract; and she would reasonably have known that it was important to him, therefore she had reasonable knowledge thereof. Therefore, annul the marriage just like any other contract.

[Zkribbler]

I'm voting for annulment.

What is or is not an "essential quality" will vary from couple to couple. One critical factor is the culture from which they come.

Virginity is highly prized in Muslim [and other] countries. IMHO, someone from that culture, should be able to expect the spouse to conform to cultural values or to at least be honest about it.

[Lorizael]

I can't possibly see how this discriminates against women. Men can be virgins, too.

[Lorizael]

Also, maybe the essential quality he was looking for was honesty.

[rah]

Gotta agree with all here. Especially the honestly comment.

Annul

[Zkribbler]

What?!? Expecting honesty from a woman?!?! Why that's just plain...uh...well, that is...I mean...er...I'm leaving now.

[DaShi]

I'm voting for stoning of the woman and decapitation of the man.

[rah]

That would be Iran

[Garth Vader]

Who's appealing? The woman? She wants to have to stay married to somebody who doesn't want to be married to her? That's a recipe for happiness.

[Zkribbler]

According to the newspaper article I read, both parties now what the marriage annulled.

But it seems that government prosecutors have stepped in and are insisting that the marriage be annulled only on "proper" grounds. Either that, or the parties will need to get a divorce.

[Lorizael]

My guess is she'd rather a divorce than an annulment, as that would produce a different... uh... financial situation.

[Chemical Ollie]

Hymen is a myth

[DirtyMartini]

Yup, pretty much impossible to definitively prove non-virginity.

[Dauphin]

I don't see Islamic tradition being a big deal. Western culture has a history of annuling unconsummated marriages for whatever reason you wish to pick.

And any deception that would, had the truth have been known previously, lead one party not to enter into the marriage is also historical grounds for annulment (but I repeat what others have already said).