A court ruling for the wife of an impotent man (‘innin)

Question

About three years ago my daughter’s case came before the honourable Sub-Judge at Sadr Shahpur, stating: “My husband is impotent from birth and incapable of fulfilling conjugal rights.” Thereupon the said court had the defendant medically examined; the doctor’s testimony was taken, and several other testimonies were also given. The doctor’s statement is that the defendant does not get an erection.

Answer

If at the time of the nikah contract the woman did not know that the husband was impotent, and after coming to know it she never expressed consent to live with him, and that man was unable to have intercourse (jima‘)

Source: Fatawa Mahmudiyya

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