What are the legal and material rights of a wife who does not wish to return to her husband, who concealed his illnesses from her, mistreated her, and claimed not to have touched her, knowing that there was an attempt to deflower her without her full knowledge?
First: If the curvature of a man's penis affects him and prevents him from intercourse, and after consulting reliable specialist doctors who determine that the husband's inability is incurable or has a very low chance of recovery, then the wife has the right to immediately annul the marriage and receive her full Mahr. However, if the condition can be treated, the wife does not have the right to annul the marriage, but she can request a divorce while retaining her full Mahr.
Second: A husband beating his wife severely is forbidden by Islamic law and contradicts good companionship. If this is proven to the judge, the wife has the right to request a divorce and she is entitled to all her rights.
Third: Insulting religion may constitute apostasy that expels one from the faith if the husband intended to insult the religion of Islam itself. In this case, he is separated from his wife because he is an apostate and she is a Muslim. If the husband repents during the 'iddah (waiting period), she returns to him; otherwise, the marriage between them is annulled.
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- Original fatwa ID
- 190622
- Imported
- Translation status
- Source text, unreviewed
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