Asking for divorce on account of groom's inability to have intercourse
11-7-2017 | IslamWeb
Question:
My son got married three months ago. He could however, not perform his marital act because of psychological issues. We have consulted an urologist as well as a psychologist; they both say that there is no issue with the boy and that it is just anxiety, which is treatable. The girl's parents, however, insist on a divorce. I need answers to the following questins: what happens with the Mahr (dower) which was given to the girl? What happens with the jewelry which was made for the bride to be worn on the occasion? The cost of the jewelry was paid by me, and there was no contribution from my son. Also, there was no dowry at all in this case.
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, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
We ask Allah to bless your son with recovery. There is a cure for every ailment, as was reported in the authentic Sunnah. We advise you to supplicate Allah for your son as much as you can, especially given that the supplication of the parents for their child is answered. Abu Hurayrah, may Allah be pleased with him, narrated that the Prophet, sallallahu ‘alayhi wa sallam, said, "Three supplications will undoubtedly be answered: the supplication of one who has been wronged; the supplication of the traveler; and the supplication of the parent for his child." [Ibn Maajah]
Your son should also keenly remember Allah, the Exalted, and recite Thikr (expressions of remembrance of Allah) frequently; verily, the remembrance of Allah is the best means to overcome anxiety. Allah, the Exalted, says (what means): {Those who have believed and whose hearts are assured by the remembrance of Allah. Unquestionably, by the remembrance of Allah hearts are assured.} [Quran 13:28]
He should recite Ruqyah (Quranic healing) over himself; it is an effective cure for all psychological and physical diseases. Please refer to fatwas 88660 and 82918 about the Ruqyah.
Also, refer to fatwa 105099 about the reasons and remedy for the man's inability to have sex with his wife on their wedding night.
As for this girl's right to ask for divorce and whether she has the right to keep the Mahr or part of it, this matter requires a verdict of the Muslim judge; a fatwa will not be sufficient in this regard. Therefore, we advise you to refer the case to the Shariah court.
As for the jewelry, if it was not part of the Mahr and it was not given to her as a gift, but rather it was lent to her to wear as adornment, then she is obliged to return it regardless of whether she got a divorce or remained married to your son.
If there is any dispute in this regard, then the final word is for the judge in a Shariah court. For more benefit, please refer to fatwa 89707.
Allah knows best.