Mu'meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuhu. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

ASKM,
Our family recently encountered a situation that was unexpected.
My sister-in-law was married last December to a person that her parents had selected. She did not had any reservations against marriage and entered into the contract with her own will. Once married she realized that her husband had medical issues, specifcally issues that he was unable to fulfill his husbandary duties and could not satisfy her physical needs. It was a heartbreak for her as per our islamic teachings and culture only after a marriage one could enjoy the physical relation between a man and woman. The bad part was her husband knew about his condition well before sending the proposal for her and had admitted to the same after marriage. She decided to return home and purse a divorce with in the first month of her marriage.

To cut the story short the case is in court now and her husband is trying to delay giving divorce for as long as possible.

My question is to the validity of this Nikkah. From what little knowledge I have, I understand such Nikkah`s are not valid to begin with and a "Khulla" is awarded to a woman immediately instead of a divorce. Please verify that.

Second, is she entitled to keep all the gifts & Mehar that was promised to her at the time of Nikkah by the groom? My mind says yes as she has suffered a great deal in this whole process mentally and emotionally. How does the Islam respond to this issue and what rights or punishment can be awarded to the man, especially since he knowingly had played with an innocent life.

Your help is greatly appreciated. 

impotent

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Answer:

Impotent man marries woman

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Q-1: My question is to the validity of this Nikkah. From what little knowledge I have, I understand such Nikkah`s are not valid to begin with and a "Khulla" is awarded to a woman immediately instead of a divorce. Please verify that.
If it is proved in front of a Judge that the man was impotent before the ‘nikaah’, he will neither pronounce a divorce or a khula, but he will invalidate the ‘nikaah’.

Q-2: Second, is she entitled to keep all the gifts & Mehar that was promised to her at the time of Nikkah by the groom?

Khula or a divorce proceeding initiated by the woman would mean that the man has a right to claim back the ‘mehr’ he paid the bride at the time of marriage. But when the Judge invalidates the ‘nikaah’, as in the above case, the man will have no right to claim back the ‘mehr’ he paid the bride.

Gifts on the other hand, once given, in any case, should not be claimed back.

Q-3: How does the Islam respond to this issue and what rights or punishment can be awarded to the man, especially since he knowingly had played with an innocent life.
There is no particular punishment prescribed in Shariah for the man or the woman who deceives or hides their condition in such a case. But there is no doubt that such a man, who hides his impotency, has deceived the innocent woman; and if he does not repent, he will be held severely accountable in the Just Court of Allah Subhanah on an Inevitable Day.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan