Reasons for dissolution of marriage in Islamic legislation
Department of Quranic Sciences and Islamic Education
College of Education – University of Kufa
An annulment: is the dissolution of the contract attachment or the increase in the contract’s ruling from the original, as if it was not or used at the time of the lifting meaning that is raising the contract. It is the dissolution of the bond between the spouses
In order for the marital life to stabilize and achieve its purposes and purposes, it must be based on clarity and mutual acceptance between the two parties. If there is a defect or basic physical or mental defect between one of the two parties and the other is not physically or mentally defective and the other was not familiar with it and satisfied with it, this means loss of acceptance and consent on its part and strengthening His interests and purposes from the husband’s side. From here, Islam gave the right to cancel the contract for both parties, the husband or the wife, if it was discovered after the contract that such defects and defects exist, and this is the opinion of most Muslim jurists. Contrary to that, when they went to the phenomenon, they did not distinguish between the spouses, regardless of the type of defect, whether it was present in one of the spouses before or after the contract, because in their view there is no evidence from a book or his age, and all that was mentioned about it are the sayings of the companions, and they do not depart from being ijtihad opinions. Suitable for protesting it and chose this thorny opinion.
And the Hanafi said: It proves the right to differentiate the defect for the wife only without the husband because the husband can pay the harm for himself by divorce, but the wife can not pay the harm for herself except by giving her the right to request the separation because she does not have the right to divorce.
The Malikis, Shafi’is, Hanbalis, and Shiites agree on the right of annulment for each of the two parties when there are some defects because each of them is affected by these defects and the husband’s possession of the divorce does not protect him from harm because of the obligations that result from the divorce from the obligations that differ from the annulment as will come.
Second: Reasons for dissolution of marriage:
These doctrines differ in identifying the imperatives of dissolution of marriage, and there are multiple sources of dissolution. The Shia jurists and the three schools of thought (Maliki, Hanbali, and Shafi’i) talk about the faults that are in a woman and the husband has the right to annul her and will come in the following detail:
Insanity: It is an imbalance of the mind, whether it is cyclical or permanent, occurring in some periods, and there is no syncope or epilepsy. The schools of thought agreed that the husband was entitled to terminate the contract from the woman if it became clear to him after the contract that she was insane. But if madness occurred to her after the contract and before the entry, then it is well-known that he does not justify the annulment, even if it happened to her after the entry, so it is not canceled unanimously.
Leprosy: It is a disease that causes the erosion of meat and the fall of meat from the patient, and it raises the aversion to the soul and may be contagious. It is transmitted to others and it is a source of agreement between the mentioned schools.
Leprosy: It is a known disease in which white spots appear on the surface of the skin. The view is distorted by it, and there is no vitiligo, which is red spots on the skin.
Blindness: It is a blind eye from the eyes, even if they are open and there is no consideration in the eyes, nor in the evening, and it is a problem in the eye that requires no sight at night only and no perimeter, which is poor vision with frequent tears, and if the man finds after the contract that the wife is blind, the eyesight is lost, and he has the right to annulment with the agreement of scholars Shiites As for the doctrines of the Sunnis do not see that.
The lame: Most Shiite jurists considered it one of the justifications for annulment, and they differed concerning that of the lame that reaches the level of discomfort as is the opinion of most of the previous jurists, or that the absolute limp is clear, and if it does not reach the extent of discomfort, it is justified for dissolution as it is the opinion of more contemporary jurists. Justification for dissolution.
Uterine defects: which prevent from intercourse or make it difficult, and the Shia jurists mentioned the pomegranate and the horn, and some of them considered it one, which is the presence of flesh or bone in the entrance to the uterus, and they mentioned that darn is the same as it is, and most of them added space, which is the mixing of the two paths in the womb of a woman.
When some of them are found in 7, the husband has the option of defect, if he knows that his wife is abolished at the time of the contract, and if it breaks, then it is better for her not to arrange the effect of the marriage or divorce except after renewing the contract or divorce.
Some people may be mistaken when they think that there is no difference between divorce and annulment, as Islamic law divided between divorce and annulment, and each has its meaning and divisions, as the jurists differed in the fact that divorce is divorce or annulment of the contract, which means that there is a difference between them, so divorce: is the termination of marriage that the husband signs by his will and may be ruled by Judge when it is impossible to ten. As for annulment: separation between the spouses without their will or without the will of one of them, due to the presence of a symptom that prevents the marriage from staying, or nullifies the contract as one of the spouses for Islam, or if one of the spouses suffers from a disease or defect with which it is impossible to continue the marital ten.
Or a repercussion of an order that created the contract making it unnecessary, such as incompetence, if the woman marries herself at the Hanafi, or the annulment is a separation in the corrupt marriage, and this separation is immediately without a divorce, so if the woman returns to her husband, then marry her after the annulment of the annulment is not counted as a divorce and remains for the husband Three full shots.
As for the corrupt marriage: it is the one who lost a condition or a pillar of the marriage, such as marriage without witnesses, or marriage without a guardian, and the marriage in the kitty is the marriage of pleasure.
The annulment shall not take place except in special conditions that invalidate the contract and the husband does not want it unless he asks him for a defect in the woman from the defects that the Sharia made a reason for annulment and the defects that give the right of annulment are the defects that must be indicated before marriage and accordingly the husband or wife is entitled to request the annulment Marital cohabitation is impossible with her.
Or infectious or repellent diseases, such as leprosy and leprosy, and most scholars have argued that every defect that has an aversion to the other side is positive
It was said that the annulment does not count a divorce, and the husband has three full divorces, because divorce is the property of the man, who may sign it unconditionally.
As for the annulment, it does not happen except on its own terms, especially if the contract is broken and there is no will for the husband in it unless he asks him for a defect in the woman from the defects that cause the annulment.