Is it permissible for the wife to request a divorce and take the Mahr (dowry) due to her husband's erectile dysfunction after two years of marriage, given that the husband does not want a divorce?
The majority of scholars are of the opinion that a wife does not have the right to request the annulment of the marriage (فسخ النكاح) due to her husband's inability to engage in sexual intercourse, unless the incapacity is complete and not temporary, meaning he has not engaged in intercourse with her even once. If the wife admits that he has engaged in intercourse with her even once, her claim of impotence (العنة) becomes void. However, if the husband is unable to engage in sexual intercourse, the wife may request a divorce from him in exchange for waiving all or part of her rights, if he does not agree to divorce her without compensation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 119041
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy