Furious outcry after a French court annuls marriage because bride was NOT a virgin

A furious row has broken out after a judge allowed a new husband to annul his marriage after he discovered his wife wasn't a virgin.

The ruling ending the Muslim couple's union has stunned France and sparked furious protests.

The decision also exposed the silent shame borne by Muslim women who transgress long-held customs demanding proof of virginity on the wedding night.

In its ruling, the court concluded the woman had misrepresented herself as a virgin and that, in this particular marriage, virginity was a prerequisite.

But in treating the case as a breach of contract, the ruling was decried by critics who said it undermined decades of progress in women's rights.

Marriage, they said, was reduced to the status of a commercial transaction in which women could be discarded by husbands claiming to have discovered hidden defects in them.

The court decision "is a real fatwa against the emancipation and liberty of women. We are returning to the past," said Urban Affairs Minister Fadela Amara, the daughter of immigrants from Muslim North Africa, using the Arabic term for a religious decree.

The outcry has been unrelenting since word of the April 1 decision in the closed-door trial in Lille was made public last week by the daily newspaper Liberation.

In its judgment, the tribunal said the 2006 marriage had been ended based on "an error in the essential qualities" of the bride, "who had presented herself as single and chaste."

Justice Minister Rachida Dati, whose parents also were born in North Africa, initially shrugged off the ruling - but the public clamor reached such a pitch that she asked the prosecutor's office this week to lodge an appeal.

What began as a private matter "concerns all the citizens of our country and notably women," a statement from her ministry said.

The hitch is that both the young woman and the man at the center of the drama are opposed to an appeal, according to their lawyers.

Row: French Justice Minister Rachida Dati answers to journalists as she leaves the Elysee presidential palace

The names of the woman, a student in her 20s, and the man, an engineer in his 30s, have not been disclosed.

The young woman's lawyer, Charles-Edouard Mauger, said she was distraught by the dragging out of the humiliating case.

She told him: "I don't know who's trying to think in my place. I didn't ask for anything. ... I wasn't the one who asked for the media attention, for people to talk abouts live in the country of 64 million, the largest Muslim population in Western Europe."

France passed a law in 2004 banning Muslim headscarves and other ostentatious religious signs from classrooms, a move that caused an uproar in the Muslim world.

Now, critics contend another law on the books is being used to effectively condone the custom requiring a woman to enter marriage as a virgin, and prove it with bloodstained sheets on her wedding night.

Article 180 of the Civil Code states that when a couple enters into a marriage, if the "essential qualities" of a spouse are misrepresented, then "the other spouse can seek the nullity of the marriage."

Past examples of marriages that were annulled include a husband found to be impotent and a wife who was a prostitute, according to attorney Xavier Labbee.

Ironically, Article 180 also guards against forced marriages.

Labbee, the lawyer for the bridegroom in question, says it was not the young woman's virginity that was at issue.

"The question is not one of virginity. The question is one of lying," he said.

"In the ruling, there is no word 'Muslim,' there is no word 'religion,' there is no word 'custom.' And if one speaks of virginity it is with the term 'a lie."

Labbee said both the man and the woman "understand that annulling the marriage is preferable to divorce because it wipes the slate clean (of) what you want to forget, but divorce wipes away nothing."

Although divorced Muslim women are allowed to remarry, they are expected to be forthcoming with their new husband about the previous marriage, and divorce can carry a cultural stigma for women.

Indeed, the court ruling states that the woman "acquiesced" to the demand for an annulment "based on a lie concerning her virginity."

"One can deduce that this quality (virginity) was seen by her as an essential quality that was decisive" in the man's decision to marry, the ruling said.

Prime Minister Francois Fillon said an appeal must be lodged "so this ruling does not set a judicial precedent."

The appeal was filed Tuesday and three judges could hear the case sometime this month, said Eric Vaillant of the appeals court in Douai, near Lille.

In a rare show of agreement, politicians on the left and right said the court's action does not reflect French values.

"In a democratic and secular country, we cannot consider virginity as an essential quality of marriage," said an expert on French secularism, Jacqueline Costa-Lascoux.

The decision underscored the painful predicament faced today by many Muslim women in France and elsewhere in the West who become sexually emancipated but remain bound by strict codes of honor inherited and enforced by their families - and prospective husbands.