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What are the wife's rights and duties? Is she entitled to the deferred dower? What are the matters that invalidate divorce, in a case where the wife discovered after marriage that her husband has been suffering from erectile dysfunction and involuntary urination since childhood, and that his family knew about this but did not inform her, and the husband claimed he was normal and threatened her with defamation after she requested a divorce?

1 min readAlso available in العربية

If the wife is harmed by remaining with her husband due to his sexual weakness and involuntary urination, she has the right to seek separation from him through divorce (talaq) or khul' (divorce at the wife's instance). There is no blame upon the husband if he requests compensation in return for the divorce, as Allah Almighty says: ﴿And if you fear that they will not be able to observe the limits of Allah, then there is no blame upon them for what she gives up to free herself thereby.﴾ [Al-Baqarah: 229].

The wife does not have the option to annul the marriage (faskh al-nikah) due to the two aforementioned defects, because a condition for annulling the marriage due to a defect is not to perform any action that indicates acceptance of it after becoming aware of it. Furthermore, sexual weakness does not establish the option of annulling the marriage unless it reaches the degree of impotence (unna), meaning the inability to penetrate. And if she has affirmed intercourse, even once, she has negated that the husband is impotent.

In any case, the wife can request divorce (talaq) or khul'. If the divorce occurs without compensation, it is a revocable divorce (talaq raj'i), and the husband has the right to take her back during her waiting period (iddah), and she has the right to maintenance and housing. However, if the divorce is with compensation, or if the judge issues it, it is an irrevocable divorce (talaq ba'in), and she has no right to maintenance unless she is pregnant, and her right to the deferred dowry (mu'akhkhar al-sadaq) is forfeited if it was made compensation for the khul'.

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

Read the full answer on Ftawy