Defects For Which it is Permissible to invalidate The Contract
· Issue 804: When a man comes to know, after the contract (is executed), that the woman is afflicted with one of the following defects, it is permissible for him to invalidate the marriage contract:
à Insanity (Junoon-With the condition that it occurred before the contract).
à Leprosy (Juzaam)
à Psoriasis (Baras)
à Blindness ('Ama)
à Lameness ('Araj-If it is apparent)
à Rupture (meaning the passageway of menstruation and urine or the passageway of menstruation and stool are one in a general breach which makes it unsuitable for sexual satisfaction).
à The existence of flesh or a bone or gland in the vagina such that it prevents sexual intercourse.
à Issue 805: It is permissible for the woman to invalidate the marriage contract due to the following matters:
à Insanity of the husband (Junoon)
à Absence of the instrument of virility (i.e. the sexual organ)
à That the man is castrated (Mukhasiy-the details of this issue and the previous issue are reserved for detailed jurisprudence books)
· Issue 806: When a man or woman invalidates a contract due to one of the above mentioned defects, there is no need of divorce, rather, the invalidation (Faskh) is sufficient.
· Issue 807: When a woman invalidates the contract due to inability of the man to engage in sexual intercourse with her, it is obligatory for the man to pay half of the dowry (Mahr) to her. If the woman or man invalidates the contract due to one of the other aforementioned defects, when no intercourse has occurred between them, nothing is obligatory upon the man. As for when sexual intercourse had occurred, then, the obligatory precaution is that he gives the dowry, all of it.
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