What is the ruling of Islamic law regarding the marriage of a man to a physically disabled girl whose disability prevents the natural consummation of the marital relationship? Is the failure of the girl's family to disclose this problem considered deception? What are the legitimate (Shar'i) and legal rights of the spouses in this case, knowing that the wife is still a virgin?
Such matters are presented to the court, as they require the judge's (independent reasoning) and consultation with experts. Many of these issues are subject to scholarly disagreement, but there is no impediment to outlining some general rulings:
It is not permissible for the woman or her guardian to conceal from the suitor a defect that prevents sexual intercourse. If the husband becomes aware of the defect and does not consent to it, he has the right to annul the marriage. However, if he consents to it, he no longer has the right to annulment. The option of annulling due to a defect is established on delay and is not forfeited except by the presence of something indicating consent. If the annulment occurs after consummation, the woman receives her full dower. If it occurs before consummation or seclusion, she has no right to the dower. The majority of scholars hold that the full dower is due upon valid seclusion. Scholars differ on whether the stipulated dower or a dower of similar value (mahr al-mithl) is obligatory. The relied-upon view among the Hanbalis is that the stipulated dower is obligatory, while among the Shafi'is, it is the dower of similar value. Scholars differ on whether the husband can reclaim the dower from the woman's family if it is proven that they deceived him about the defect.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/133631
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 133631
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy