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In the Name of God بسم الله

What Does Make Nikah Void?

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Assalam o Alaikum

Could anyone comment on what makes a nikah invalid or what breaks nikah? Of coarse, divorce is one such things, but what else?



wa alaykum salaam

From the rulings of sayed al-khu'i

Defects Which Nullify Marriage

2389. If the husband comes to know, after marriage, that his wire her any one of the following seven defects, he can annul the marriage: (i) Insanity (ii) Leprosy (iii) Leucoderma (iv) Blindness (v) Being a cripple, hence, if a woman is apparently paralysed, it amounts to being a cripple. (vi) Afza i.e. the woman's urinary and menstrual opening or her menstrual opening and rectum become one. (vii) Presence of flesh or a bone in the woman's vagina, which obstructs sexual intercourse.

2390. A woman can annul the marriage in the following cases without obtaining a divorce:

(i) If she comes to know that her husband had been insane before marriage.

(ii) It the man becomes insane after marriage whether before or after sexual intercourse.

(iii) If he has no male organ.

(iv) If his male organ is cut off after marriage, but before sexual intercourse.

(v) If he is suffering from impotence (incapable of having sexual intercourse) even though he may have contracted that disease after marriage and before sexual union. However, if the husband is incapable of sexual intercourse it is necessary for the woman to approach the religious Head or his representative, who may allow him a grace period of one year, and in case he is not capable even then to have sexual intercourse with that or some other woman, the woman can annul the marriage. And if the male organ of the husband is cut off after sexual intercourse and the woman annuls the marriage, the annulment is ineffective although the recommended precaution is that the husband should divorce her.

2391. If a woman comes to know after marriage that the testicles of her husband have been removed and if this fact was concealed from her, she can annul the marriage and even if it was not concealed from her, precaution is that she can annul the marriage.

2392. If the woman annuls the marriage on account of the husband being incapable of sexual intercourse the husband should give her half of her dowry (Mehr). However, if the man or the woman annuls the marriage on account of one of the other defects mentioned above and the man has not had sexual intercourse with the woman nothing is payable by him. In case, however, he has had sexual intercourse with her, he should pay her full dowry.



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