Can a husband dissolve his wife's Ihram if she entered it for Hajjat al-Islam without his permission, despite meeting all conditions?

Chapter on Ransom (Fidyah) and Penalty for Hunting

Al-Mughni

Book of Hajj

Book 11 · Issue 9 · Bab 6

Open in Qurani

Primary text

If she enters Ihram without his permission, he does not have the right to dissolve it because whatever she entered into counts as the obligatory Hajjat al-Islam according to the basic divine law, similar to a sick person who forces himself to attend the Friday prayer.

Supporting text

There is a possibility that he may dissolve it because a condition for its obligation (ability) is missing, making it resemble the Hajj of a slave or a minor, where the lack of freedom or maturity allows prevention. Furthermore, since it is not obligatory upon her, it resembles other voluntary acts.