What are the legitimate rights of the wife, in terms of mahr, deferred mahr, and furnishings, if she requests a divorce due to harm caused by the husband's inability to fulfill his marital duties, and she does not wish to return to him even if his condition improves?
If doctors determine that the husband's inability to engage in sexual intercourse is incurable, the wife has the right to immediately annul the marriage without delay, and she is entitled to the full dowry, including furniture and gold. However, if the condition is treatable, the wife does not have the right to annulment, but she can request a divorce from him. If he divorces her, she receives the full dowry. If he refuses to divorce, she can request khul' (divorce at the wife's instance, usually by giving compensation) and relinquish part of the dowry. The waiting period (') is incumbent upon the wife in all cases of separation.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 8404
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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