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Is the husband entitled to annul the marriage contract and reclaim the dower and gifts from an unconsummated marriage if his wife is afflicted with an infectious disease that neither she nor her family disclosed to him before the contract?

1 min readAlso available in العربية

If the wife or her family conceal an illness, knowing about it, this is a grave sin due to the harm and deception involved, as the Prophet, peace and blessings be upon him, said: "There shall be no harm nor reciprocating harm" and "Whoever deceives us is not of us."

If it is proven that the woman is afflicted with a contagious disease that is transmitted through intercourse, then the marriage must be annulled to preserve the husband's health, as the Prophet, peace and blessings be upon him, said: "A sick person should not be brought to a healthy one" and "Flee from the leper as you would flee from a lion."

The husband has the right to reclaim the dowry and gifts, because concealing an illness is considered a defect that necessitates the annulment of the contract.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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