Married while concealing his disease from his wife and her guardian
Fatwa No: 128182

  • Fatwa Date:26-10-2009 - Thul-Qi'dah 8, 1430
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Question

A man with untreateable desease went to a girl gurdian to propose marriage to the girl. Though he know about his desease He did not disclose to the gurdian that he is ill after marrying the girl catch the desease and they get divorced
1) What is fatwa on this marriage taking into account gurdian was not given information so that he can take appropriate decision about the proposal..
2) Is the guardian has right to be informed before he give consent to marriage
3) Is marriage nul ?

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  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

With regard to the marriage contract, if it took place fulfilling the conditions for the validity of a marriage contract, then it is a correct marriage; for more benefit on these conditions, please refer to Fatwa 83629.

As regards this disease, if it is a repulsive or contagious disease like leprosy, or is a disease that is dangerous and which may be transmitted to the spouse, or children, like AIDS and the like, then it is not permissible to conceal such diseases from the girl or her guardian. In this case, the other party has the right to invalidate the marriage if they did not know about it and they did not agree to it after they had come to know about it. Since divorce had already taken place, then the matter is finished and this woman deserves the rights of a divorced woman.

As regards the diseases that are not repulsive and which can be treated medically, then one may conceal them from the other party, but it is better to inform about it.

For more benefit, please refer to Fataawa 90593 and 84591.

Allaah Knows best.

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