Demanding release because of the husband’s stammer

Question

Question: A girl, while still a minor, herself made the offer and acceptance (ijab and qabul) and married, and her father gave permission. When the girl went to her husband’s house, she saw that the husband has a stammer; the woman does not like the husband, she came away to her father’s home and refused to go to the husband’s home. The father reasoned with her a great deal and made efforts, but the girl would in no way agree to go. Two years have passed like this.

Answer

Because of the stammer in the husband’s speech, the woman has neither the right to obtain a talaq, nor the right to stay on at her father’s house, nor the right to marry another man. It is better to carry out khul‘ (divorce for compensation), that is, she remits the mahr and the husband gives talaq in exchange for it.

Source: Fatawa Mahmudiyya

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