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Can the Maulana read Khula without the consent of boy and inform the boy and his parents.

Q:

Salaam alaikum
I want to seek advice regarding my daughter who got married on 1st Jan 2023 .Its a year and still my daughter’s marriage is not yet consumated. The boy & his parents deny the boy is having sexual problems and not ready to visit a doctor. After waiting for a year we decided to take Khula for my daughter. We sent a note to parents to sign the paper and send it so that Khula can be read but they are not willing to. In this case, can the Maulana read khula without the boy’s consent and inform the boy & his parents? Please Advice. Waiting for an Early reply.
Jazakallah
Regards

A:

Wa Alaykumussalam

Thank you for your query.

In these cases, according to the Shia Fiqh, one must go to Hakim Shar’. The best option would be to speak to your Mujtahid’s office or Wakil(agent). The Maulana cannot read Khul’ himself.

You have mentioned the boy has sexual problems. If you know the exact problem, then you can speak with your Mujtahid’s office and check if that particular inability is amongst the situations in which one can annul the marriage contract.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Ruling 2400. If a wife realises after the conclusion of the marriage contract that her husband does not possess a penis, or if after the conclusion of the marriage contract but before having sexual intercourse, or after it, his penis is cut off, or if he has a dysfunction whereby he is unable to have sexual intercourse even if the dysfunction develops after the marriage contract and before having sexual intercourse, or after it, then in all of these cases, the wife can annul the marriage contract without getting a divorce.

….

…In case a husband cannot have sexual intercourse and his wife wishes to annul the marriage contract, it is necessary that she first refer to a fully qualified jurist (alḥākim alsharʿī) or his agent. The jurist will give the husband a one-year respite; if he is unable to have sexual intercourse with his wife or another woman during this period, his wife can annul the marriage contract once the respite period is over.

Ruling 2401. If a wife annuls the marriage contract owing to her husband’s inability to have sexual intercourse, the husband must pay her half of the dowry. However, if owing to any of the other aforementioned defects the husband or the wife annul the marriage contract, in the event that they have not had sexual intercourse, the husband does not have to pay her anything. If they have had sexual intercourse, he must pay her the entire dowry.

Read “SITUATIONS IN WHICH A MAN AND A WOMAN CAN ANNUL THE MARRIAGE CONTRACT” in detail on: www.sistani.org/english/book/48/2367/

May Allah(swt) grant you success

Wassalam,

Syed Haider