Does the wife have the right to demand divorce and deferred dower, with the possibility of reclaiming the bridal money and other marriage expenses, given that consummation has not occurred due to a psychological and organic problem, knowing that the marriage contract and divorce proceedings will take place in the UAE? And what is the difference between Islamic countries regarding legitimate divorce matters?
The mentioned illness is "impotence" (al-'innnah), which is the inability to engage in sexual intercourse. The wife has the right to seek divorce or annulment (faskh) after the conditions mentioned in Fatwa no. 57681 are met and the specified period has passed. If impotence is proven before the judge, the wife has the right to annul the marriage after one year. According to the relied-upon opinion of the Shafi'is, the marriage is annulled without the judge's permission, and she is not entitled to any dowry.
The wife does not have the right to divorce herself without a legitimate Shar'i reason; divorce is in the husband's hands. If the annulment occurs due to impotence, she has no right to the dowry because it is an annulment before consummation.
Based on this, the husband has the right to take the advanced dowry, and the wife has no right to demand the deferred dowry. She also has no right to refuse to return to the marital home before the conditions are met; otherwise, she would be disobedient (nashiz) and would not be entitled to maintenance or housing. As for the civil law in the UAE, we do not have knowledge of it.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/61373
- Source platform
- Ftawy
- Original fatwa ID
- 61373
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy