Is there an option for annulment (khiyar) in marriage contracts?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 1

Open in Qurani

Primary text

The option of annulment, whether the option of the gathering (khiyar al-majlis) or the option of condition (khiyar al-shart), is not established in a marriage contract. This ruling is universally accepted, as necessity does not compel its allowance. Marriage contracts typically occur after deliberation, thought, and mutual inquiry regarding the disposition of both spouses. This differs significantly from sales conducted in markets, which often lack such prior consideration. Furthermore, marriage is not a pure exchange (mu'awada mahda); hence, knowledge of the subject matter through sight or description is not required, and it remains valid even without specifying the dower (mahr), and remains valid even if flawed.

Supporting text

Establishing an option for annulment in marriage would lead to its dissolution after the woman has been treated as married (ibtithal al-mar'ah). The dissolution of the contract after conclusion causes harm to the woman; this recognized potential harm is evidenced by the obligation to pay half the dower upon divorce before consummation.