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Q. Impotent man marriage

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Zubair Ahmed

posted 6 months ago

Q.Impotent man marriage
Namste,
In Mohammedan law impotent man married ,if he died with out consummation.the marriage is valid or void

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
After his death the wife can claim his properties as per Mohammedan inheritance law.

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Zubair Ahmed

Replied 5 months ago

Namste sir,
Actually sir, before marriage my husband was totally disable due to accident(doctor given disable certificate) 100% .He was totally bedredden he cannot move,he cannot turn.totally bed patient.i have married to him.weather the marriage is valid or void in Mohammedan law

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Shreyash Mohta

Experience: 1 Year(s)

Responded 6 months ago

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A. ) it possible for one of the spouses to dissolve the marriage on finding a certain defect in the other? The schools have differed regarding the defects which justify the dissolution of the marriage and also regarding the rules that apply in these circumstances.
Al-'Anan (Impotence)
Al-'anan is a disease which renders a man incapable of sexual intercourse. All the five schools give the wife the right to dissolve the marriage in such a situation.

About the validity,
Ibn Qudaamah said in al-Mughni (7/142), after mentioning faults which give the wife the right to annul the marriage, including the husband’s inability to have intercourse: One of the conditions of allowing the option (of annulment) because of these faults is that he did not know of it at the time of the marriage contract, and he did not agree to it afterwards. If he knew of it at the time of the marriage contract or he found out about it afterwards and agreed to it, then he does not have the option (of annulling it). And we do not know of any difference of scholarly opinion (concerning this).
Although we have said that it is permissible to marry him, it is better for you not to marry such a man, because intercourse and what it leads to, namely having children, are natural things that men and women need. You may be willing to give up this right now, but you do not know what will happen in a year or two, and marriages are supposed to be permanent.
Hence Imam Ahmad said to the guardian of a woman: I would not like you to give her in marriage to an impotent man. If she agrees now, she will dislike him when she enters upon him, because intimacy is something to which they are naturally inclined and they like what we like.
Ibn Qudaamah said, commenting on that: That is because the harm caused by that will be ongoing, but acceptance of that cannot be trusted to be ongoing. It may turn to resentment and enmity.

Thanks.
Hope I was able to solve your query.

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 6 months ago

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A. ) For further information, kindly contact us through vidhikarya

Thanks

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Junaid Ali Khan

Experience: 2 Year(s)

Responded 6 months ago

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A. ) Void

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Zubair Ahmed

Replied 6 months ago

Good morning
Example of void means any ruling of court sir

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Sunil Kumar Singh

Experience: 17 Year(s)

Responded 6 months ago

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A. ) Void marriage, thank you

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Zubair Ahmed

Replied 6 months ago

Good morning
Example of void,means any ruling of court

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