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Fatawaa


Subject : Wife`s Father Demands Son-in-Law to Divorce her for Having an Aunt Suffers from Vitilgo

Fatwa Number : 435

Date : 03-01-2010

Classified : Divorce

Fatwa Type : Search Fatawaa


Question :

I have concluded my marriage contract, however, my father-in-law told me to bring a Fatwa stating that there is no evidence in Sharia prohibiting a woman from marrying a man although a member of his family suffers from vitilgo and leprosy. In fact, my maternal aunt suffers from this disease but the doctor told me that it is non-genetic. However, my father-in-law insisted that I divorce his daughter because he saw my aunt. It is worth adding that none of my paternal relatives has this disease. What is the ruling of Sharia on this?



The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

 

A woman doesn`t have the right to demand dissolution of marriage because one of her husband`s relatives suffers from a certain disease. Moreover, even if the husband himself suffers from vitilgo, it isn`t permissible for the wife to demand divorce because this disease is non-contagious. Thus, demanding divorce from husband because his maternal aunt has this disease is ridiculous. Actually, the right to demand dissolution of marriage in case the husband suffers from a contagious disease is the wife`s alone. However, if she accepts her husband as he is then her family has no right to force her to demand dissolution of marriage. Based on this, there is no evidence in Sharia that bans the continuation of this marriage.

Finally, we remind that the Messenger of Allah (Peace be upon him) said: "He who makes a wife disaffected towards her husband or a slave towards his master is not one of us.” {Related by Abu Dawud}. And Allah The Almighty Knows Best. 






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