annullment - under what circumstance?
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anyone know if marriage can be annulled per islam and what are the circumstances?
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peace,
"annulled" implies "declared invalid" thus I assume one would have to prove it was invalid initially. I assume that's what you mean.
Also, by "islam" I assume you mean as per Quran.
You may find the following info helpful
From Misconceptions-About-Islam.com
The Quran does not state a specific legal age of marriage, however it does give a guideline and mentions situations and conditions that should be considered before marriage
Determining mutual attraction/compatibility
Ascertaining whether the potential partner is of similar beliefs/faith
Discussion of and agreeing to the level of dower and other terms (if any)
Understanding and mutual acceptance of marriage as a solemn/strong oath/contract
If male, capable of providing for the family/household
To have physically matured / post-puberty
If the marriage is unsuccessful, one should also be capable of undertaking divorce proceedings, e.g. separation period, arbitration, discussion of settlement etc .From Quran434.com
To understand the sequence of events, we must fully understand the divorce procedure according to The Quran
'cooling-off' period for those who swear away from their wives sexually, limited to 4 months *
after this 4 month 'cooling-off' period, the options are revert to normal relations or divorce/talaq
post-divorce interim/waiting period is 3 menstruation periods or 3 months, if pregnant it is until they deliver, if widowed it is 4 months and 10 days
if no sex has taken place after marriage, then no interim period is required after divorce/talaq . Compensation may be due however if dower was agreed upon
during post-divorce interim period, wife remains in the same house, and is compensated by way of maintenance during this period in the same living standard as the husband, each according to their means **
divorce is automatically retracted if sex between the couple takes place during the interim period ***
if couple reconciles, then divorce/talaq may be retracted twice during interim-period. If divorced a third time it is final unless she marries another then they divorce, only then can original partners re-marry. If the couple fear they will not maintain God's bounds, then wife may give some dowry back to release herself
if couple still wishes to follow through with the divorce/talaq after the end of the interim period and undergo final separation, then two witnesses are required to complete the process
exceptions exist, in certain situations
the onus is upon the person in the wrong to rectify the situation or initiate divorce/release, and it is an obligation upon the contract-breaking party to compensate the other
As a side note, the last point is also mentioned in traditional Islamic law and sources, see M.Asad's note on 2229. This system would also protect the male if he were to marry a female who only did so for his money or the marital gift then she wished to end the marriage later, because since the contract-breaking party compensates the other partner, she would have to do so accordingly. Similarly, this would protect the female if she were to marry a male who only did so for lustful reasons then wished to end the marriage later, as he would then have to compensate her.*Also possibly provides a time limit due to a practice of the time in which husbands did not have sex with their wives but also did not divorce them, see 581-4, 334; i.e. leaving them in a state between marriage and divorce. Similar to what is implied by 4129.
**And the same goes for the lesser situation of 'cooling-off' period. Obviously, the wife would not be removed from the home for the lesser serious 'cooling-off' period then brought back just for the post-divorce interim period.
***Inference from 2226 is that resumption of sexual relations is equated to reconciliation, thus no initiation of divorce. Hence, same proviso for post-divorce interim period, i.e. sex = reconciliation.
