Does deceit (*ghurur*) nullify a marriage contract?
General Chapter
Al-Mughni
Book of Marriage
Primary text
The marriage contract is not nullified by deceit. This is the position of Abu Hanifa. The reasoning is that the object of the marriage contract is the specific person, not the attributes attached to that person. Therefore, the absence of the supposed attribute does not invalidate the contract, similar to marrying a specified woman who turns out to possess different physical attributes (e.g., being dark-skinned instead of fair, or physically unattractive instead of beautiful). In the case of a sale, the defectiveness of the object (like selling a horse that turns out to be a donkey) nullifies the contract because the essence (*dhat*) is missing, whereas in marriage, the essence (the person) is present, and only an attribute is misstated.
Supporting text
Al-Shafi'i, in one of his two opinions, holds that the marriage is nullified because the contract was made contingent upon the existence of a free woman, which was not realized. This is likened to selling a specific horse that turns out to be a donkey. Furthermore, in a sale, the absence of an attribute that provides utility allows for rejection, whereas marriage is treated differently.