What is the ruling of Sharia on a marriage in which the husband has become afflicted with madness or schizophrenia and has lost his legal capacity, and how can the wife obtain a divorce in a non-Muslim country after a separation that has lasted sixteen years?
If a husband is afflicted with insanity or schizophrenia, the marriage is not annulled. However, the wife has the right to seek annulment () or divorce (). The right to annulment due to insanity or other defects is forfeited if the wife delays her request despite knowing about the insanity. It is permissible for the wife to remain with the afflicted husband, and she is entitled to maintenance () from his wealth. If the wife chooses separation, she should refer her case to the Islamic Center for them to effectuate the divorce. It is permissible to document this divorce in a civil court. The husband's own divorce is not valid due to his loss of legal capacity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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