Title

I want to know what can I do now and whether this nikah is justified by Islam as it began with lies...

Question

I had done Nikah in july 2006 being pressurized by my family and to keep them happy i agreed to it with the intentions that as always my parents decision would be right for me.

 I live in houston and the girl in austin(4 hours away). The rukhsati was planned for later in 2007 by both our families and me and my so called wife when we both finish our respective colleges.

Prior to the Nikah I met her only 4 times and had wasnt allowed to talk to her till the nikah date came close.

I came to know after the nikah that one of her ovaries was removed just a couple of months before we had finalized the date for the nikah. Then she has other medical problems for which she is on medication. Also she has some psychiatric problems. I was not aware about these problems before the nikah date. If me and my family had known this we would not have proposed her and even if we did then we would not have any problems which we are facing now.

When I told my parents later on they got very upset that this should have been told before as this is an arranged marriage and we felt we were cheated. I spoke to some other people to see if it was not only us who felt we were cheated intentionally and everyone had the same idea that the girl and her family did in fact deceive us.

Now I want to break of the nikah. But they have placed a case against me and suing me saying that i refused to consumate the marriage on the day of nikah though at that time it was understood we would both wait for the rukhsati. Also claiming that my intentions were cruel and I should pay up money to them.

I want to know what can I do now and whether this nikah is justified by Islam as it began with lies. I wished that somehow this nikah had worked out but the families are too bitter now and there is no other way than to dissolve this.

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

There are three issues regarding this query 

• Deception
• Validity of Nikah
• Threat of legal proceedings

At the outset, it is unfortunate that you have fallen victim of deception. This has become quite common where prospective spouses conceal their physical defects with the hope of entering into a marriage. Once they get married and their ailments and defects come to the fore, it is too late to remedy the situation. The consequence of such an attitude is devastating. 

Dear brother, you are fortunate that you discovered these deceptions prior to even consummating the marriage. Consider this as a bounty from Allah that He saved you from bearing the repercussions of this deception.

According to Shariah, your Nikah has been performed in July last year, therefore you are considered to be her husband and she is your wife. Since you have uncovered this deception from her side, you should consult with your seniors and family members on the best course of action.  

You should obtain legal advice regarding the legal proceedings.

May Allah give you the courage to overcome your plight. Ameen

And Allah knows best

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa