Is a judicial decree required to finalize the annulment of marriage due to a defect?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The annulment based on a defect requires the judgment of a ruler (Hākim) because it is a matter of Ijtihād (independent legal reasoning). It is analogous to the annulment due to impotence ('Unnah) and the annulment for failure to provide maintenance (Infaq).
Supporting text
This contrasts with the option of a freed slave woman (Khiyār al-Mu'taqah), which is a matter of unanimous agreement and therefore does not require a judge's decree.