Source: Fatāwā Muḥammadiyyah, Vol. 1, p. 763
I, Shaukat Ali son of Taj Din, by caste Lohar, resident of Jani Wala, Tehsil Nankana, District Sheikhupura, seek clarification on a Sharʿi (Islamic legal) matter as stated below:
My daughter, Miss Shagufta Bibi, was married to Iqbal alias Laal son of Manzoor, by caste Lohar, resident of Chak No. 630 Jalbka, Tehsil Jaranwala, District Faisalabad about two years ago. My daughter lived intermittently with her husband for around eight months. During that time, it became evident that her husband, Iqbal alias Laal, is impotent and incapable of fulfilling marital obligations.
He underwent medical treatment several times but was not cured. Shagufta Bibi informed us of this issue. I also arranged further treatment for him, but he did not recover. About one year and four months have now passed since my daughter has been residing with us, and the husband is still not cured despite repeated medical efforts. I have also informed his paternal uncle and uncle about this issue.
Now, my question is: According to Sharīʿah, what is the ruling in this situation?
Is my daughter, Shagufta Bibi, entitled to contract another marriage or not? Kindly provide a detailed Sharʿi answer. If there is any misstatement, I take full responsibility for it.
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
If the information provided is correct—namely, that Iqbal alias Laal son of Manzoor is indeed impotent (ʿaneen) and has not recovered after a full year of treatment, then according to Islamic law, he should divorce his wife, Shagufta Bibi daughter of Shaukat Ali Lohar, and free her from the marriage.
If he refuses to grant divorce, then Shagufta Bibi has the right to file a case in the Family Court. The court (or the Islamic authority) has the power to annul the marriage (fasḳh an-nikāḥ) between them.
As stated in the Holy Qur’an:
﴿وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا…﴾
“Do not keep them (your wives) to cause them harm and transgress (against them). Whoever does so has wronged himself.”
(Al-Baqarah 2:231)
According to the consensus of the majority of Islamic scholars, if the husband is unable to provide maintenance (nafaqah) or if due to any physical defect the wife suffers harm—religiously or worldly—then she has the right to seek annulment (fasḳh an-nikāḥ).
As narrated:
قد ذهب جمهور العلماء أهل العلم من الصحابة فمن بعدهم إلى أنه يفسخ النكاح بالعيوب... والرجل يشاركه المرأة في الجنون والجذام والبرص تفسخه المرأة بالجب والعنة.
(Nayl al-Awṭār, Vol. 6, p. 157; Fatāwā Nadhīriyyah, Vol. 3, p. 549)
According to this narration:
❀ A woman may annul her marriage due to the following four defects:
➊ Madness (Junoon)
➋ Leprosy (Juzām)
➌ Vitiligo (Baras)
➍ Disease in the private parts (Dā’ fī al-farj)
❀ In the first three defects, both men and women are equal.
❀ If the husband is impotent (ʿaneen) or his organ is severed, the wife may annul the marriage.
Mawlānā ʿAbd al-Ḥayy Ḥanafī writes:
عن عمر أنه قضى في العنين أن يؤجل سنة... فلما مضى الأجل خيرها فاختارت نفسها ففرق بينهما.
(ʿUmdat ar-Riʿāyah, Sharḥ al-Wiqāyah, Vol. 2, p. 142)
According to this narration:
✿ Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه ruled that if the husband is impotent, he should be given a grace period of one year for treatment.
✿ If after a year he is still not cured, the wife is given the choice to remain with him or to separate.
✿ When the woman chose separation, ʿUmar رضي الله عنه annulled the marriage.
Similar judgments have been narrated from ʿAlī رضي الله عنه and ʿAbdullāh ibn Masʿūd رضي الله عنه
(Subul as-Salām, Sharḥ Bulūgh al-Marām, Vol. 3, pp. 136–138).
✿ It is clearly mentioned in the question that the husband has already undergone repeated treatments without success.
✿ Hence, granting further time is futile.
➊ She should immediately approach the competent court to have the marriage annulled (fasḳh an-nikāḥ).
➋ Alternatively, a local council (panchayat) may mediate and issue separation.
➌ Afterward, with the consent of her Sharʿi guardian (walī), she may contract a new marriage.
However, such remarriage must be preceded by official or judicial confirmation of annulment.
The issuing Mufti bears no responsibility for any legal discrepancies.
This fatwā is issued based on the accuracy of the information provided.
هٰذا ما عندي والله أعلم بالصواب
(This is what I understand; Allah knows best what is correct.)
❖ Question:
I, Shaukat Ali son of Taj Din, by caste Lohar, resident of Jani Wala, Tehsil Nankana, District Sheikhupura, seek clarification on a Sharʿi (Islamic legal) matter as stated below:
My daughter, Miss Shagufta Bibi, was married to Iqbal alias Laal son of Manzoor, by caste Lohar, resident of Chak No. 630 Jalbka, Tehsil Jaranwala, District Faisalabad about two years ago. My daughter lived intermittently with her husband for around eight months. During that time, it became evident that her husband, Iqbal alias Laal, is impotent and incapable of fulfilling marital obligations.
He underwent medical treatment several times but was not cured. Shagufta Bibi informed us of this issue. I also arranged further treatment for him, but he did not recover. About one year and four months have now passed since my daughter has been residing with us, and the husband is still not cured despite repeated medical efforts. I have also informed his paternal uncle and uncle about this issue.
Now, my question is: According to Sharīʿah, what is the ruling in this situation?
Is my daughter, Shagufta Bibi, entitled to contract another marriage or not? Kindly provide a detailed Sharʿi answer. If there is any misstatement, I take full responsibility for it.
❖ Answer:
Al-ḥamdu lillāh, waṣ-ṣalātu was-salāmu ʿalā Rasūlillāh, ammā baʿd!
If the information provided is correct—namely, that Iqbal alias Laal son of Manzoor is indeed impotent (ʿaneen) and has not recovered after a full year of treatment, then according to Islamic law, he should divorce his wife, Shagufta Bibi daughter of Shaukat Ali Lohar, and free her from the marriage.
If he refuses to grant divorce, then Shagufta Bibi has the right to file a case in the Family Court. The court (or the Islamic authority) has the power to annul the marriage (fasḳh an-nikāḥ) between them.
As stated in the Holy Qur’an:
﴿وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا…﴾
“Do not keep them (your wives) to cause them harm and transgress (against them). Whoever does so has wronged himself.”
(Al-Baqarah 2:231)
❖ Consensus of the Majority of Scholars (Jumhūr al-ʿUlamā’)
According to the consensus of the majority of Islamic scholars, if the husband is unable to provide maintenance (nafaqah) or if due to any physical defect the wife suffers harm—religiously or worldly—then she has the right to seek annulment (fasḳh an-nikāḥ).
As narrated:
قد ذهب جمهور العلماء أهل العلم من الصحابة فمن بعدهم إلى أنه يفسخ النكاح بالعيوب... والرجل يشاركه المرأة في الجنون والجذام والبرص تفسخه المرأة بالجب والعنة.
(Nayl al-Awṭār, Vol. 6, p. 157; Fatāwā Nadhīriyyah, Vol. 3, p. 549)
According to this narration:
❀ A woman may annul her marriage due to the following four defects:
➊ Madness (Junoon)
➋ Leprosy (Juzām)
➌ Vitiligo (Baras)
➍ Disease in the private parts (Dā’ fī al-farj)
❀ In the first three defects, both men and women are equal.
❀ If the husband is impotent (ʿaneen) or his organ is severed, the wife may annul the marriage.
❖ Verdict of ʿUmar ibn al-Khaṭṭāb رضي الله عنه
Mawlānā ʿAbd al-Ḥayy Ḥanafī writes:
عن عمر أنه قضى في العنين أن يؤجل سنة... فلما مضى الأجل خيرها فاختارت نفسها ففرق بينهما.
(ʿUmdat ar-Riʿāyah, Sharḥ al-Wiqāyah, Vol. 2, p. 142)
According to this narration:
✿ Sayyidunā ʿUmar ibn al-Khaṭṭāb رضي الله عنه ruled that if the husband is impotent, he should be given a grace period of one year for treatment.
✿ If after a year he is still not cured, the wife is given the choice to remain with him or to separate.
✿ When the woman chose separation, ʿUmar رضي الله عنه annulled the marriage.
Similar judgments have been narrated from ʿAlī رضي الله عنه and ʿAbdullāh ibn Masʿūd رضي الله عنه
(Subul as-Salām, Sharḥ Bulūgh al-Marām, Vol. 3, pp. 136–138).
❖ Present Case
✿ It is clearly mentioned in the question that the husband has already undergone repeated treatments without success.
✿ Hence, granting further time is futile.
❖ Sharʿi Guidance for Shagufta Bibi
➊ She should immediately approach the competent court to have the marriage annulled (fasḳh an-nikāḥ).
➋ Alternatively, a local council (panchayat) may mediate and issue separation.
➌ Afterward, with the consent of her Sharʿi guardian (walī), she may contract a new marriage.
However, such remarriage must be preceded by official or judicial confirmation of annulment.
The issuing Mufti bears no responsibility for any legal discrepancies.
❖ Conclusion
This fatwā is issued based on the accuracy of the information provided.
هٰذا ما عندي والله أعلم بالصواب
(This is what I understand; Allah knows best what is correct.)
