Q: I got married recently. It was an arranged marriage. After marriage I came to know that my wife is suffering from Epilepsy (Fits). When i asked her father and brothers they said she never had anything like this before. I even asked my wife but she too denied having Fits in the past. I love my wife a lot. As it was an arranged marriage, everything in this relationship was based on trust. I took her to the best doctor, so as to get the best medicine for her. Even the doctor asked to her parents if she had Fits in the past so that she can give her the right medicine, there also they denied it.
After few weeks her parents came to my house and accepted of her suffering from Epilepsy, but said she had only one and that too 8 years back, while she was suffering from fever. I was very sad as they have hidden this fact from me.
But still I tried my best and provided her the best of medication. Now after 4 months of marriage, she had another attack of Fits. This second made her quite weak, so much so that she was not even able to walk properly. After this second attack she accepted that she had been suffering from this fits in the past and her family has hidden this fact from me and my family.
If they would have told this before marriage then I would have got married to her or would have selected any other girl for me. Now I feel cheated by her parents. Her brothers and herself because they all knew everything but still they kept on hiding.
I want to ask in Islamic point of view what will happen if i go ahead and divorce her? Am I allowed to do that or will it be injustice to my wife as she must have lied to me thinking of her parents.
A: If you do not feel comfortable you have the right to divorce her.
And Allah Ta’ala (الله تعالى) knows best.
وإذا كان بالزوج جنون أو برص أو جذام فلا خيار لها عند أبي حنيفة وأبي يوسف رحمهما الله وقال محمد رحمه الله لها الخيار دفعا للضرر عنها كما في الجب والعنة بخلاف جانبه لأنه متمكن من دفع الضرر بالطلاق ولهما أن الأصل عدم الخيار لما فيه من إبطال حق الزوج وإنما يثبت في الجب والعنة لأنهما يخلان بالمقصود المشروع له النكاح وهذه العيوب غير مخلة به فافترقا والله أعلم بالصواب (الهداية 2/ 422)