Hid something from her husband before he married her
Fatwa No: 124714

Question

Assalamualaikum.
I have a question about a wife that hides something to her husband and the wife didn't inform the husband until they have got married. The reason why she did that wasbecause she scared that he would cancel the marriage is she tells him before they get marriage.
Would this act be considered as one thing that makes the whole marriage void at the first place if the husband can not accept it?
The second question is, can a husband divorce the wife if the wife leaves the house without any permission for more than 3 months?
I hope to hearing your feedback on this matter. Thank you.
Wassalamualaikum.
A Suryoprabowo

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

If this matter that the wife hid from her husband is a deficiency that prevents having sexual intercourse or a repulsive deficiency that prevents the married partners from enjoying each other, like madness, and leprosy, then the husband has the right to invalidate the marriage if he is not pleased with the deficiency or did not enjoy his wife after knowing it. In this case, he has the right to get back the entire dowry if she had already taken it from him; this is whether the marriage was invalidated after or before its consummation.

On the other hand, if the matter is a thing other than these deficiencies, and the husband did not condition that the wife be free from that thing, or that he was pleased with it or enjoyed his wife after knowing it, then he has no right to invalidate the marriage. However, if he is not pleased with his wife, then he may divorce her in kindness.

As regards the wife’s leaving the house without the permission of her husband, if this is without any sound reason, then she is disobedient and the husband may follow the religious steps in treating a disobedient wife as clarified in Fatwa 85402.

In case these steps are of no avail, then it is more appropriate for him to divorce her; for more benefit, please refer to Fataawa divorced their wives">104995 and 87786.

Allaah Knows best.

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