{"fatawa":{"id":9411,"title":"He cannot provide separate accommodation for his wife and her family want to annul the marriage. What are the consequences of that?","slug":"he-cannot-provide-separate-accommodation-for-his-wife-and-her-family-want-to-annul-the-marriage-what-are-the-consequences-of-that","order":"","question":"

My sister got married to a man six months ago and the marriage has not been consummated until now. One condition of the marriage contract was that the marital home would be a separate house, but the husband has not been able to fulfil this condition and it has been a long time, as you can see. Now we -- the wife’s family -- want the girl to be divorced. What is the ruling to be followed in order to return the dowry and gifts?.<\/p>","answer":"

Praise be to Allaah.\r\n

Accommodation in a separate marital home is one of the rights that the wife has over the husband. If that was stipulated at the time of the marriage contract, this is a confirmation of this duty of the husband, and if he does not fulfil the conditions stipulated by the wife and her family, they have the right to annul the marriage. <\/p>\r\n

See the answer to Question no. 111919<\/a>. <\/p>\r\n

As the husband had delayed it for a long time and has not been able to fulfil this condition, and this delay is causing harm to the wife and her family, he has two choices: <\/p>\r\n

i.                    He can state that he is not able to fulfil this condition, and hence has to divorce her. As a result of that divorce, she will be entitled to half of her mahr -- both that which has been paid and that which was delayed -- and she does not have to observe ‘iddah if he did not consummate the marriage with her or was not alone with her in such a way that he could have been intimate with her.<\/p>\r\n

She is entitled to the mahr in full and she has to observe ‘iddah if he did consummate the marriage with her or was alone with her in such a way that he could have been intimate with her, even if that did not actually happen. <\/p>\r\n

See the answer to question no. 97229<\/a>. <\/p>\r\n

ii.                  Or if he states that he will be able to do that, but it will take some time, then people of wisdom should mediate between the two sides, so as to give him a reasonable amount of time to fulfil the condition, and if he does, all well and good, otherwise the wife’s family have the right to annul the marriage. <\/p>\r\n

With regard to the gifts that he gave her, he has no right to them, because the basic principle is that taking back a gift is haraam, and because the divorce was his fault, not the wife’s. <\/p>\r\n

And Allah knows best.<\/p>\r\n<\/span><\/div>\r\n

Islam Q&A<\/div>","status":1,"created_at":"2015-02-05T21:51:58.000000Z","updated_at":"2015-02-05T21:51:58.000000Z","language_id":1,"fatawacate_id":37,"parent_id":9410,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0623\u062d\u0643\u0627\u0645 \u0627\u0644\u0646\u0643\u0627\u062d","category_slug":"","get_date":"2015-02-05"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/www.islamland.com\/eng\/api\/fatawas\/9411"}