What are the rights of a woman who was engaged and it was discovered that she had entered menopause and had no egg reserve, meaning she was unable to conceive, when she is divorced?
If the engagement (khitbah) refers to the marriage contract (aqd an-nikah) before consummation (dukhul), and it becomes apparent after the contract that the wife has a defect preventing childbearing:
1. According to the majority of scholars: The right to annulment (faskh) is not established by this defect. If the wife is divorced before consummation, she is entitled to half of the stipulated Mahr. 2. According to some scholars: The right to annulment is established by this defect, and the woman is not entitled to any Mahr if the contract is annulled before consummation.
Such matters should be presented to the Sharia court for resolution in case of dispute.
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