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Thread: Annulment of marriage in Islam?

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    Senior Member amina9183's Avatar
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    Default Annulment of marriage in Islam?



    what is the basis for an annulment of marriage in islam, and what would the difference be between that and a regular divorce? According to shariah, why would annulment be better or worse?
    O people who take pleasure in a life that will vanish, falling in love with a fading shadow is sheer stupidity. -Ibn al Qayyim


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    Senior Member Ma'ruf's Avatar
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    Default Re: Annulment in Islam?

    Well, talaq is the normal divorce procedure as you know, and involves the husband making financial paying the wife (the deferred part of the mahr and support).

    Then there's khul` divorce which comes from the wife's initiative, and where she generally gives up what is due to her of the mahr.

    Then annulment is in general when the husband is impotent or fails to support his wife..well it is pretty hard for a wife to get annulment in the Hanafi school, so in the old days Hanafi jurists, embarrassed by the inequity, used to borrow the ruling from the Shafi'i school. The most generous when it comes to annulment is the Maliki school, where the judge can put himself in the husband's shoes and order talaq (with the resulting financial support owed to the wife), even for mistreatment such as physical abuse.

    Of course the Maliki school is the one which allows fathers to marry off their daughters with consent, so it balances out somewhat : )


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    Senior Member amina9183's Avatar
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    Default Re: Annulment in Islam?

    can a marriage be annulled if the woman was led to believe that the man would be doing osmething with his life, or finishing school, and later this all turned out to be a lie? What if a family was misled on various things? If a man had medical issues (such as cholestorol or diabates) and this was not told to the wife, is this means for an annulment? According to the mans family it was diagnosed after nikkah but before the "Wedding" when the marriage was consummated. Nobody told the girls side before consummation(i gues sbecause then she is "stuck") of her husbands various health problems.


    in the case of impotence, how could anyone even prove that? and to what degree of impotence, as impotence has various stages, can a woman seek annulment? if someone where to deny that they have that problem, and refuse to go to get a medical checkup, what would happen?

    also, if one got an annulment, i was told its as if they were never married. But if the person were to get an annulment, then it would still be neccessary to tell future potentials that they had been married before, just out of sheer honesty, so then what would the purpose be in annulment when in the end it is kind of the same?

    Does annulment, especially in case of impotence, rely on the fact of whether or not the marriage was consummated?
    O people who take pleasure in a life that will vanish, falling in love with a fading shadow is sheer stupidity. -Ibn al Qayyim


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    Senior Member Ma'ruf's Avatar
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    Default Re: Annulment in Islam?

    Wow, sounds like you really need a scholars advice!! Until a scholar gives you an answer I will tell you the little I know:

    In case of disease in the Hanafi school, virulent disease like leprosy is grounds for faskh (annulment), but I doubt it extends to conditions like high cholesterol.

    Consummation is not a factor. If the husband has been impotent for one year, then that is grounds. However, traditionally all the husband would have had to do was swear on oath that he wasn't... I'm not sure how this functions now.

    An important question is whether the marriage was arranged by the girl's father. If not, then it can be annulled on grounds of unsuitability (traditionally something like caste or class).

    Basically what I've learned in my studies is that Hanafi judges found their own conditions for faskh too strict and preferred to apply Shafii or Hanbali law or let a Shafii or Hanbali judge preside over the case. Not sure if that helps you.

    But sister, I'm hesitant to say anything else because I'm not very well learned. Have you checked sunnipath or asked a scholar?


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    Senior Member ammardiwan's Avatar
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    Default Re: Annulment in Islam?

    Quote Originally Posted by Ma'ruf View Post
    Of course the Maliki school is the one which allows fathers to marry off their daughters with consent, so it balances out somewhat : )
    I've heard this before, but never got a reference
    Can you please provide one for me if possible?
    Al-Layth said: "If I saw a person of desires (i.e. innovations) walking upon the water I would not accept from him." So Imam as-Shafii then said: "He (al-Layth) has fallen short. If I saw him walking in the air I would not accept from him."

    My temporary blog: http://ammardiwan.muslimblogz.com/


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    Senior Member Ma'ruf's Avatar
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    Default Re: Annulment of marriage in Islam?

    Sure thing, it features in the Muwatta. Just for thoroughness I'll post the whole section:

    *****

    28.2 Asking the Consent of Virgins and Women Previously Married

    4 Malik related to me from 'Abdullah ibn al-Fadl from Nafi' ibn Jubayr ibn Mut'im from 'Abdullah ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent and her silence is her consent."

    [In Muslim]

    5 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab had said that 'Umar ibn al-Khattab said, "A woman is only married with the consent of either her guardian or someone of her family with sound judgment or the ruler."

    6 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn 'Abdullah would marry off their virgin daughters without consulting them.

    Malik said, "That is what is done among us about the marriage of virgins."

    Malik said, "A virgin has no right to her property until she enters her house and her state (competence, maturity, etc.) is known for sure."

    7 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn 'Abdullah and Sulayman ibn Yasar said about the virgin given by her father in marriage without her permission, "It is binding on her."

    *****

    I confess I find this a little bit unusual, considering the Imam begins with a hadith which says consent is required. I read somewhere that later Malikis considered the marriage without consent to be in rare circumstances where a daughter was refusing suitor after suitor, but even that does not seem quite satisfactory... can anyone else comment on this?


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    Senior Member ammardiwan's Avatar
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    Default Re: Annulment of marriage in Islam?

    Quote Originally Posted by Ma'ruf View Post
    Sure thing, it features in the Muwatta. Just for thoroughness I'll post the whole section:

    *****

    28.2 Asking the Consent of Virgins and Women Previously Married

    4 Malik related to me from 'Abdullah ibn al-Fadl from Nafi' ibn Jubayr ibn Mut'im from 'Abdullah ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, said, "A woman who has been previously married is more entitled to her person than her guardian, and a virgin must be asked for her consent and her silence is her consent."

    [In Muslim]

    5 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab had said that 'Umar ibn al-Khattab said, "A woman is only married with the consent of either her guardian or someone of her family with sound judgment or the ruler."

    6 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn 'Abdullah would marry off their virgin daughters without consulting them.

    Malik said, "That is what is done among us about the marriage of virgins."

    Malik said, "A virgin has no right to her property until she enters her house and her state (competence, maturity, etc.) is known for sure."

    7 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Salim ibn 'Abdullah and Sulayman ibn Yasar said about the virgin given by her father in marriage without her permission, "It is binding on her."

    *****

    I confess I find this a little bit unusual, considering the Imam begins with a hadith which says consent is required. I read somewhere that later Malikis considered the marriage without consent to be in rare circumstances where a daughter was refusing suitor after suitor, but even that does not seem quite satisfactory... can anyone else comment on this?
    I'm a bit confused in regards to the reference. The first part is from the Muwatta and the second part is from Sahih Muslim?
    Al-Layth said: "If I saw a person of desires (i.e. innovations) walking upon the water I would not accept from him." So Imam as-Shafii then said: "He (al-Layth) has fallen short. If I saw him walking in the air I would not accept from him."

    My temporary blog: http://ammardiwan.muslimblogz.com/


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    Senior Member Ma'ruf's Avatar
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    Default Re: Annulment of marriage in Islam?

    Oh I think the translator was just pointing out that the hadith is also found in Sahih Muslim.


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    Default Re: Annulment of marriage in Islam?

    Yeah in light of the above you should ask a scholar (who is also knowledgeable in marriage/counseling) because they can probably provide a true and fair answer + provide advice.


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    Default Re: Annulment of marriage in Islam?

    Quote Originally Posted by amina9183 View Post


    what is the basis for an annulment of marriage in islam, and what would the difference be between that and a regular divorce? According to shariah, why would annulment be better or worse?
    W-Salam Sister,

    In Khula because the Sister is reaching a settlement, she may lose Meh'r so there may be financial implications.

    http://www.central-mosque.com/fiqh/khula.htm


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