Is the husband entitled to claim the mahr (dowry), the jewelry, and the amounts he paid for renovating the residence, in the event that he agrees to his wife's request for khul' (divorce initiated by the wife) due to infertility?
Scholars have differed regarding the defects that establish the right to annul a marriage (فسخ النكاح). The more preponderant view is that anything that frustrates the purpose of marriage is a defect, and this includes infertility. Therefore, if it becomes clear to the wife that her husband is infertile, she has the right to annul the contract. If the annulment occurs after consummation, the wife receives the full dowry, and the husband has no right to demand anything from her regarding what he spent on housing. However, if the wife explicitly accepts the defect after becoming aware of it, her right to annulment is forfeited. If she then wishes to separate, she may resort to Khul', and in that case, the husband may stipulate that she forfeits her dowry, or part of it.
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- Original fatwa ID
- 4708
- Imported
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- Source text, unreviewed
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