If the husband becomes a fasiq, what should the wife do?
Question
Question: The girl was an adult at the time of the nikah, and the nikah took place with her permission. The second thing I submit is this: now, when she went (to her husband) for the first time and came back home, she expressed displeasure. On that very first occasion a valid seclusion (khalwa sahiha)
Answer
The said faults did not exist at the time of the nikah; therefore the nikah was valid, and because of the said faults arising later the nikah will not become void: [ar]والكفاءة اعتبارها عند ابتداء العقد[/ar] “Compatibility (kafa’a) is considered at the commencement of the contract” (al-Durr al-Mukhtar, vol. 2, p. 498).
Source: Fatawa Mahmudiyya
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