Annulment of marriage

18-8-1999 | IslamWeb

Question:

Is marriage to a leper Halal?

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

According to the four Schools of jurisprudence, the defects for which a spouse is permitted either to preserve the marriage contract or annul it are nine. Some of them are common between men and women they are as follows: 1- Insanity. 2- Leprosy.  3- Vitiligo

Two of them are related to men only. 1- Impotency. 2- Having the penis cut off.

Four of them are particular to women only:

- A bone inside the vagina which prevents intercourse.

- Having the vagina closed.

- A gap between the place of intercourse and the place where the urine comes out.

- Flesh inside the vagina (or a wetness which prevents full enjoyment).

If one spouse has one of these defects and the other party knows about it, then the marriage is acceptable if both of them are pleased with the fact. However, if the marriage takes place whereas one of them is unaware that the other partner has one of the above deficiencies, and then he/she comes to know about it, in this case he/she may annul the marriage contract if he/she so wishes.  

Allaah Knows best.