Friday, January 24, 2014

Fathwa, - Married while concealinghis disease from his wife and her guardian

Question
A man with untreateable desease went to a girl gurdian to propose
marriage to the girl. Though he know about his desease He did not
disclose to the gurdian that he is ill after marrying the girl catch
the desease and they get divorced 1( What is fatwa on this marriage
taking into account gurdian was not given information so that he can
take appropriate decision about the proposal.. 2( Is the guardian has
right to be informed before he give consent to marriage 3( Is marriage
nul ?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that
Muhammadis His slave and Messenger.
With regard to the marriage contract, if it took place fulfilling the
conditions for the validity of a marriage contract, then it is a
correct marriage; for more benefit on these conditions, please refer
to Fatwa 83629.
As regards this disease, if it is a repulsive or contagious disease
like leprosy, or is a disease that is dangerous and which may be
transmitted to the spouse, or children, like AIDS and the like, then
it is not permissible to conceal such diseases from the girl or her
guardian. In this case, the other party has the right to invalidate
the marriage if they did not know about it and they did not agree to
it after they had come to know about it. Since divorce had already
taken place, then the matter is finished and this woman deserves the
rights of a divorced woman.
As regards the diseases that are not repulsive and which can be
treated medically, then one may conceal them from the other party, but
it is better to inform about it.
Allaah Knows best.

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