Her parents married her off to a man who might be mentally disabled
Fatwa No: 92711

Question

My friend got engaged at age 17 to a 27 year old guy after 2 years of engagement nikkah was performed so that she would sponsor him to come to america on nikkah ceremony she was not allowed to meet the guy while she insisted since she never met him before Her mother in law didnt let the guy meet the girl before nikah after nikkah was done she met the guy and she didnt like him at all since he looked older and was not very smart person by smart i mean not clever, didnt know how to speak in a gathering and he looked dumb and very confused too but my friend stayed quite since nikkah was done but later she started talking to him but his parents wouldnt let them speak the wedding was not done yet it was only nikkah so they were not living together the guys family was all nice to her family but whenever the girl or her family wanted to meet the guy her inlaws would make some kind of excuse The girl and inlaws were in america and guy was living in london then wedding was arragned but my friend told her parents not get her married with him because she doesnt like him but parents didnt listen to her as they were scared of breaking nikkah thinking there is no valid reason so after all the problems the girl was finally married to that guy on the wedding night too the guy didnt show any interest in my friend we think he was mentally disabled after 3 days of wedding he swallowed rat killer and got admitted to hospital (he had done that before marriage 2 3 times)my friends mother in law blamed her for that and threatened her not to say anything to her parents but my friend did and the parents took her back home and filed for divorce case and the guy without even consulting his wife once divorced her they didnt giver her meher neither the dowry she brought. now even after a year her own relatives dont speak to her family or to her they think she was wrong Is my friend wrong in this did she committed a sin by asking for divorce from such a guy who tried to kill himself? please rep

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. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

According to the most preponderant opinion of the scholars a father (or any other guardian) is not permitted to force a virgin adult woman who is of sound reasoning to marry someone whom she does not like. Ibn 'Abbaas narrated that a virgin female servant came to the Prophet and told him that her father married her off by force, so the Prophet gave her the choice (either to stay with her husband or ask for divorce). [Abu Daawood and Ibn Maajah]

Therefore, if what is mentioned in the question is confirmed that this girl was forced to marry that man, then she has the right to ask for divorce. However, if she had known that she had the right for divorce and did not take the initiative to that effect, then she has in fact endorsed what her father did, and she has no right to ask for divorce. Nonetheless, she has the right to ask for divorce for a different reason, which is if she is really harmed by staying with her husband.

Finally, if divorce took place, she is entitled for her present and delayed dowry since he consummated the marriage with her. If the furniture which are mentioned in the question were gifted to her by her family, then they are her property and her family's property and the family of the husband has no right in them.

To conclude, we advise you to take the matter to the scholars and to the righteous people who are running Islamic centres and the like so that they would study the matter and solve this problem according to Islamic principles.

Allaah Knows best.

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