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12,67531/03/1999

He found out after marriage that his wife is mentally ill. Should he ask for the mahr to be returned?

Question: 3784

I married and later on I discovered my wife
has psychological problem. Her other sister are ok. They only agree to have MEHR_Missal at
that time (as I do not about her problem). I already give her MEHR.
Under such condition what MEHR suppose to be. I feel is a total fraud.
Is Mehr suppose to be justified again?
Although, I am on terrible road of marriage life.
It is probably possible that (if there is a separation) she can use that same MEHR money
against me by hiring good lawyer and get most out of the USA law (against me). What I can
do in this situation?
Jazakallah Khair!

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Refer to a sharee’ah judge (qaadi) if there is any qaadi there. If not, then if the man has consummated the marriage with the woman, the mahr must be given to her because of having had intercourse with her. As for this sickness, if it prevented him from consummating the marriage or put him off from doing that properly, then whatever was paid to the one who tricked him into this marriage should give it back, if he was tricked. If that is not the case, then he does not deserve anything because he did not ask enough questions and find out information properly.

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Source

Sheikh Muhammed Salih Al-Munajjid

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