Husband Concealed Disease from His Wife when He Married Her
Fatwa No: 452257

  • Fatwa Date:24-1-2022 - Jumaadaa Al-Aakhir 21, 1443
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Question

If a woman has married to his husband for 6 years and the husband has Hbv but he didn’t tell her and didn’t protect her either. When she found out dose she has the right to ask for divorce.Must the women ask for a divorce even if she wants to stay in the married? Or it’s haram for her to stay in the marriage?Your sincerely

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If that man knew that he was infected with this contagious disease, he should have told the woman whom he intends to marry, as concealing such matter is an abominable act. And if the woman became aware of that disease, she would have the choice to annul the marriage. Her right of annulment is conditioned by her dissatisfaction with that defect after her knowledge thereof, for whoever is satisfied with the defect after being aware of it shall not have the right of annulment.

Ibn Qudamah  may  Allaah  have  mercy  upon  him said in Al-Mughni: “One of the conditions for establishing the right of annulment for such defects is that the person is not aware of it at the time of the contract, and is not satisfied with it afterward. However, if the person becomes aware of it at the time of the contract or afterward, he/she shall have no right of annulment. There is a difference of opinion among the scholars about this issue because he/she is satisfied with it …”. This is concerning the choice of annulment of the marriage.

As for asking for divorce, if this defect exists and the woman fears that she might be harmed by the disease, then there is no harm to ask for divorce; as the women have the right to ask for divorce for obvious harm, as stated by the jurists.

Eventually, we have to point out that the concealment of the husband for such defect does not affect the validity of the marriage, her right for the annulment, or the right to ask for a divorce. However, if she wishes to remain under the bond of marriage with her husband, then there is no harm for her in doing so.

For more benefit on disease that gives the spouse the choice to nullify the marriage contract, (in case they were not informed about it), please refer to Fatawa 365911, 384409, 128182, 134855, 90593, 84591, 326140, 263554 and 195891.

Allah Knows best.

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