What is the ruling on the wife's guardian requesting her divorce for the reasons mentioned, namely: the ill-treatment she receives from the husband's family, the desire for the wife to move house, and the husband's inability to procreate, knowing that the mahr was memorizing the Qur'an and some gold? And what is the right of each of the husband and wife in this case? And what is the ruling on the mahr if the memorization of the Qur'an has not been completed?
A woman is not permitted to seek a divorce except for a valid reason. However, prolonged infertility is considered a valid reason that allows her to seek a divorce, especially if she desires to have children. It is recommended for a man, if he knows he is infertile, to inform the woman he intends to marry. Some scholars have even gone so far as to say this is obligatory. The wife has the right to annul the marriage if she was unaware of the defect. Her right to annulment is waived if she becomes aware of it and explicitly consents. If the divorce occurs after consummation, the wife is entitled to the full mahr (dowry). Divorce due to infertility is not considered an annulment by consensus.
If the divorce is not for compensation, it is revocable. The is for the divorce to occur during a period of purity in which intercourse has not taken place. She is entitled to the full mahr and maintenance during her (waiting period).
If the mahr was the memorization of the Qur'an, and the husband divorced her after consummation but before the memorization was completed, then if the agreement was that he would teach her himself, he is obligated to pay her a mahr al-mithl (a dowry equivalent to that of women of her status) because memorization has become impossible after the divorce. If the agreement was that he would ensure her memorization, meaning he would arrange for someone to teach her, then he must hire someone after the divorce to teach her. The woman may waive this mahr or part of it if she is an adult and mature.
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