Is it permissible to annul the marriage contract and reclaim the dowry after discovering deception regarding the fiancée's age and height, knowing that consummation has not occurred?
The jurists have stipulated that the defects warranting an option (khiyar) between spouses are those that are repulsive and prevent the realization of the purpose of marriage. Disparity in age or height is not mentioned among them. Therefore, you have two options: First, to complete the marriage, which is the recommended course of action, as Allah the Almighty says: "And perhaps you dislike a thing and it is good for you." Second, to separate from her. In this case, you give her half of the agreed-upon dowry, as Allah the Almighty says: "And if you divorce them before you have touched them and you have already specified for them an obligation, then [give them] half of what you specified."
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- Original fatwa ID
- 39894
- Imported
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