If the husband fails to fulfill what was stipulated for him, the wife has the option
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Fatwa number ( 11885 )
Q: One of my relatives proposed to my daughter; he is her maternal uncle’s son. Before the marriage contract was concluded, we inquired about this young man, and they answered that he is upright in the religion of Allah and observant of the sunnahs established from the Messenger of Allah (peace and blessings be upon him). He himself provided this answer. After the contract was written for him, it became clear that he was lying, and that the news we had received was false. It turned out that he is not upright, not observant, and is one who consumes intoxicants. My daughter refused to marry him and requested the annulment of the marriage contract. We went to the Islamic center in Fina and presented the problem to them. They said, word for word, that this cannot be done except through the human secular courts, and that this does not happen except after several years. I am not bound by the judgments of these courts, so I place the case in your hands, knowing that I am ready to return everything you rule upon. All we have to do is listen and obey Allah and His Messenger (peace and blessings be upon him). Knowing that we are a conservative family, praise be to Allah, and are known among the Saudi brothers here in their various occupations. I hope from Allah, then from your Excellency, that you will write the answer and send it to us by hand on the same paper to present it to the Islamic center. May Allah protect you from all evil and make you a storehouse for Islam and Muslims.
A: If the reality is as stated, the daughter has the option, and she is not obligated to
maintain the contract; because he deceived her and those who spoke well of him. He must return to him everything he gave, if he is a Muslim. However, if he is characterized by something that negates Islam, the contract is invalid; because it is contrary to the Shari'ah of Allah (Mighty and Majestic); because Allah (Glorified and Exalted is He) forbade the marriage of disbelievers to a Muslim woman in His saying (Mighty and Majestic):[Al-Baqarah 2:221] and His saying (Exalted is He) in Surat al-Mumtahanah: [Al-Mumtahanah 60:10] and he must return to him the money he gave, as mentioned before. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: One of my relatives proposed to my daughter; he is her maternal uncle’s son. Before the marriage contract was concluded, we inquired about this young man, and they answered that he is upright in the religion of Allah and observant of the sunnahs established from the Messenger of Allah (peace and blessings be upon him). He himself provided this answer. After the contract was written for him, it became clear that he was lying, and that the news we had received was false. It turned out that he is not upright, not observant, and is one who consumes intoxicants. My daughter refused to marry him and requested the annulment of the marriage contract. We went to the Islamic center in Fina and presented the problem to them. They said, word for word, that this cannot be done except through the human secular courts, and that this does not happen except after several years. I am not bound by the judgments of these courts, so I place the case in your hands, knowing that I am ready to return everything you rule upon. All we have to do is listen and obey Allah and His Messenger (peace and blessings be upon him). Knowing that we are a conservative family, praise be to Allah, and are known among the Saudi brothers here in their various occupations. I hope from Allah, then from your Excellency, that you will write the answer and send it to us by hand on the same paper to present it to the Islamic center. May Allah protect you from all evil and make you a storehouse for Islam and Muslims.
A: If the reality is as stated, the daughter has the option, and she is not obligated to
maintain the contract; because he deceived her and those who spoke well of him. He must return to him everything he gave, if he is a Muslim. However, if he is characterized by something that negates Islam, the contract is invalid; because it is contrary to the Shari'ah of Allah (Mighty and Majestic); because Allah (Glorified and Exalted is He) forbade the marriage of disbelievers to a Muslim woman in His saying (Mighty and Majestic):
And do not marry polytheistic men [to your women] until they believe
وَلاَ تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُواthey are not lawful [wives] for them, nor are they lawful [husbands] for them
لاَ هُنَّ حِلٌّ لَهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.