Is the wife entitled to the deferred dowry, or should the husband demand the advanced dowry from her? And does the husband's condition of being infertile and impotent justify the judge granting the wife a divorce from him, especially if the wife leaves the marital home and demands a divorce after the husband patiently endured her disobedience and ill-treatment during his period of suffering from sexual weakness and infertility?
The husband's sexual weakness is not a ground for annulment of the marriage unless it reaches the point of impotence (al-'unnaha). He is no longer described as impotent if he has consummated the marriage with his wife even once. Infertility is also not among the defects that establish the option of annulling the marriage. It is not permissible for the wife to leave her husband's house without his permission, and she must obey him and live with him in kindness. If she dislikes him and fears that she will not be able to observe the limits of Allah, she may seek divorce through khul', and the husband may refuse until she returns to him what he gave her. Both of them should pardon some of their rights.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/76304
- Source platform
- Ftawy
- Original fatwa ID
- 76304
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy