The Right of a Leper’s Wife to Seek Separation

Question

Zayd’s nikah with a minor little girl (saghira) was concluded under the guardianship (wilaya) of her parents. However, Zayd concealed a disease — leprosy — and, while suffering from this disease, did not disclose the secret to anyone. Since the little girl remained a minor after the nikah, the bride’s send-off to her husband’s home did not take place. It has now come to light that Zayd suffers from the aforementioned disease. Is this nikah permissible according to the Shari‘a given the presence of this disease? (2)

Answer

Since the nikah of the minor girl was concluded by her father, it has become valid according to the Shari‘a; the mother’s lack of consent carries no weight. On account of leprosy, according to Imam Abu Hanifa ﵀, the girl does not even have the right to annulment (faskh) of the nikah.

Source: Fatawa Mahmudiyya

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