Does the pronouncement of divorce by a husband upon a minor or insane wife, after her manumission but before her guardian or next of kin exercises the right to annulment, take effect?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The pronouncement of divorce takes effect, and the right of annulment belonging to her guardian is voided. This is because the divorce is issued by a husband legally capable of disposition, within a valid marriage contract, thus it is enforced as if manumission had not occurred.
Supporting text
The opinion of Al-Qadi is that the divorce is suspended (*mawquf*). If the wife's representative chooses annulment, the divorce does not take effect because the divorce inherently negates her right to annulment.