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Defects that entitles one to nullify2525. If the husband comes to know after Nikah that his wife had, at the time of Nikah, any one of the following seven deficiencies, he can annul the marriage: insanity, even if it is intermittent; leprosy; leucoderma; blindness; being crippled, even if it is not to the extent of immobility; presence of flesh or a bone in the woman’s uterus, which may obstruct sexual intercourse; the wife at the time of Nikah, suffered from Ifsha - meaning that her urinary and menstrual tract have been one, but if her menstrual passage and rectum have been one, nullifying of Aqd is a matter of Ishkal and precaution is necessary. 2526. A woman can annual Aqd in the following four cases: fist, insanity of husband. If a woman comes to Aqd or he has become insane after Aqd, whether before or after intercourse, she may annual the marriage. Second, lack of male organ. If a woman comes to know that her husband has not it before Aqd or after Aqd and before intercourse, it is cut off, she may annual the marriage. Third, inability for sexual intercourse. If a woman comes to know after Aqd that her husband suffers from a disease, which disables him for sexual intercourse, even if that disease was contracted after Aqd and before intercourse, she may annul marriage. Fourth, the man is castrated. If a woman comes to know after Aqd that her husband is castrated, she may call it off. In all these four cases, a woman may annul marriage without divorce, but in the third case it is necessary to refer to a fully competent Mujtahid or his Wakil and the Mujtahid gives one year opportunity to the husband if he could not have intercourse with that woman or another one, then the woman may call it off and if the male organ is cut after intercourse, and the woman calls it off, it is not effective, but as a recommended precaution, the husband should divorce her. 2527. If a man or a woman calls off the marriage contract because of any of above-mentioned defects, they must be separated without divorce. 2528. If the wife annuls the marriage because of husband’s inability to have sexual intercourse, the husband should give her half of her Mahr. But, if the man or the wife annuls the marriage because of one of the other deficiencies enumerated above, and if the marriage has not been consummated, he will not be liable for anything. But if the marriage was consummated, he should pay her full Mahr. |