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🚪 Divorce, ʿiddah & rujuk · #62

May a wife seek fasakh because her husband is impotent or has a serious illness?

Yes, in certain cases: Act 303 s.52 lists impotence existing at the time of marriage without the wife's knowledge, insanity for two years, leprosy, vitiligo and a communicable venereal disease among the grounds for fasakh.
Allah made marriage for tranquillity and affection (ar-Rum 30:21), and Islam does not force anyone to remain in a harmful situation (Sunan Ibn Majah 2340). The court usually requires medical evidence and, for impotence, may allow a period of treatment before deciding. The right to fasakh may lapse if the wife knew of the condition and accepted it after learning of it. Many conditions such as erectile problems can be treated; encourage your spouse to see a doctor first and consider counselling. Discuss the evidence needed with a Syariah lawyer. See grounds for fasakh.

Sources

Act 303, s.52Surah ar-Rum 30:21Sunan Ibn Majah 2340 (sahih)
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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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