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The question

Is a woman entitled to seek divorce and obtain her legitimate rights if her marriage has lasted for nine months and she remains a virgin due to her husband's illness?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If your daughter's husband is permanently impotent, then your daughter has the right to seek annulment (فسخ) or divorce. The husband cannot deny the impotence as long as she is a virgin. The majority of jurists hold that her right to annulment is forfeited if she knew of and consented to his impotence before or after the marriage contract.

The majority of scholars are of the opinion that a period of one year should be granted to the impotent man; if he is still unable to have intercourse thereafter, the marriage is to be annulled. Some contemporary scholars believe there is no benefit in such a delay if specialist doctors confirm that his ability to have intercourse will not return. In this case, the wife is entitled to the full mahr.

However, if the husband's inability to have intercourse is due to a temporary illness that is expected to pass, the wife does not have the right to seek annulment. If the husband has not consummated the marriage, there is a difference of opinion among jurists regarding her entitlement to the full mahr: the Shafi’is hold that she is entitled to half the mahr; the Malikis believe she is not entitled to the full mahr if she confirms that consummation did not occur; while the Hanafis and Hanbalis believe she is entitled to the full mahr by virtue of valid khalwah (private seclusion). Since this matter is subject to scholarly disagreement, it is best to refer it to the Sharia court.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
104264
Imported
Translation status
Source text, unreviewed
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