What is the ruling if a man stipulates that his intended wife must be Muslim, but she is discovered to be a disbeliever?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 4 · Bab 1

Open in Qurani

Primary text

If a man stipulates that his wife must be a Muslim and she is found to be a disbeliever, he possesses the right to annul the marriage. This constitutes a defect and harm that extends to the offspring, making it analogous to the case where freedom was stipulated but slavery was discovered.