Questions of a Shar‘i council on the separation petition of an impotent man’s wife

Question

Question: Your esteemed opinion in the light of the Shari‘a is requested in the following case. Hinda is an adult woman who observes hijab. Her nikah took place with Zayd. Zayd is impotent (‘innin) from birth and incapable. Hinda kept his defect concealed for about three years, because Zayd had promised her that he would get treatment. Two years, and indeed more, have passed, but Zayd has not been freed from this defect.

Answer

(1) He should be given one year’s respite for treatment. (2) The certificate is not sufficient; proof will be by having intercourse (jima‘) with his wife. (3) A second notice should be sent, and it should be written in it: “If you do not come, we will understand that you do not wish to keep her but wish to end the marital bond, and on that basis we will effect the separation…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.