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Is it permissible to write "divorce due to non-consummation" in the divorce document, given the presence of a legitimate seclusion (khalwa shar'iyya) and announcement of marriage (i'lan nikah), and the girl remaining a virgin due to vaginismus, and the husband being accused of lacking virility despite his sound health? And is it permissible to file a lawsuit for discord and dispute (shiqaq wa niza') during a pending alimony lawsuit that has not yet been ruled upon?

1 min readAlso available in العربية

If the divorce document is issued by a Sharia court, then it is the authorized body to rule on disputes. The husband's inability to have intercourse must be proven by feeling over the clothes or by looking, out of necessity. If it is proven that he is impotent, the matter is deferred for one year. If intercourse does not occur, a divorce is decreed, and he is obligated to provide for his wife during this period. If the wife is disobedient (nashiz), her maintenance obligation is dropped.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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