What are the rights of a wife if her husband divorces her after 20 days of marriage, due to his inability to engage in intercourse and his deflowering her manually, without disclosing his impotence to her or her family before the marriage?
A husband who is unable to engage in sexual intercourse is known as an 'Anin' (impotent). His impotence is not established merely by his wife's claim, but rather by his admission or by evidence. If it becomes clear that his impotence has not been established yet, and the husband has divorced his wife, then she is entitled to what a divorced woman who has been consummated with is entitled to: a waiting period (iddah), full dower, and maintenance during the waiting period.
If his impotence is established by evidence or admission, the following consequences result from his divorce: 1. Waiting Period (Iddah): According to the majority of jurists, a waiting period is obligatory, contrary to the Shafi'is. 2. Dower: The wife is entitled to the full dower according to the Hanafis and Hanbalis. She is entitled to half the dower according to the Malikis if he divorces her before one year, and half the dower according to the Shafi'is in all cases. 3. Separation: It is considered an annulment (faskh) according to the Hanbalis and Shafi'is, and an irrevocable divorce (talaq bain) according to the Hanafis and Malikis. 4. Maintenance: She is not entitled to maintenance during the waiting period if the separation is irrevocable.
Regarding the husband manually deflowering his wife, this is a claim that requires his admission. If he denies it, the judge directs an oath to him. If he swears an oath, then according to the majority of jurists, there is nothing due from him. According to the Malikis, he is obligated to pay a 'hukumah' (compensation assessed by the judge), and the husband is to be disciplined or reprimanded.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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