Is it Islamically permissible to claim compensation for damages incurred by the wife due to a mental illness that afflicted her after her marriage because of a charlatan who performed Ruqyah on her, and is there an Islamic maximum limit for such compensation?
The rights of a divorced woman, whether by revocable or irrevocable divorce, have been previously explained. If the wife is subjected to harm directly inflicted by the husband or caused by him intentionally, she and her guardian have the right to demand compensation from him for the damages proven with certainty to have been intentionally caused by him. This is based on the jurisprudential rule: "The direct perpetrator is liable, and the instigator is not liable unless he acted intentionally." It appears that the husband erred by bringing a charlatan to perform on her, and he did not intend to cause harm. The estimation of compensation is left to the judge or arbitrator, based on the evidence, arguments, claims, and testimonies heard from each party.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 68176
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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