Does the guardian have the right to force annulment if a defect occurs in the husband after the marriage?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 3 · Bab 3

Open in Qurani

Primary text

If the defect appears in the husband after the marriage and the wife accepts it, her guardian does not have the right to compel her to seek dissolution (Faskh). This is because the guardian's right pertains to the initial contract, not its continuation. This principle is supported by the consensus of scholars, cited by Ibn al-Mundhir and Ibn Abd al-Barr. The foundational evidence is the story of Barirah, whom the Messenger of Allah (peace be upon him) gave the choice regarding her husband, who was a slave, and she chose freedom from him. This establishes that she has the option when a harm against her exists, such as a free woman being married to a slave. If she chooses dissolution, the separation occurs; if she consents to remain with him, she forfeits the right to separation afterward because she has waived her right. This matter has no disagreement.

Supporting text

This is analogous to the situation where she requests her guardian to marry her to a slave; the guardian is not obligated to comply. Similarly, if a free woman marries a slave and subsequently gains her freedom, the guardian cannot compel her to seek dissolution.