Issue 1165: If a man comes to know, after the conclusion of their marriage contract, that his wife has any of the following seven defects, he can annul the marriage.

1- Insanity

2- Leprosy

3- Vitiligo

4- Blindness

5- Lameness which can be noticed

6- Having her perineum lacerated such that her urinary and menstrual outlets or her menstrual and fecal outlets have amalgamated into one; however, in the latter case, i.e. the amalgamation of menstrual and fecal outlets, one should not annul their marriage as a matter of precaution;

7- Presence of a bone or tumor in the woman’s vagina which would obstruct sexual intercourse.

Issue 1166: If a woman comes to know, after their marriage, that her husband is insane, or does not have a sex organ, or is impotent and thus cannot have sexual intercourse with her, or has been castrated, she can annul the marriage; and so will the case be if the husband suffers from Vitiligo, leprosy, and other contagious diseases which are hard to cure and would cause her considerable hardship and distress.

Issue 1167: If a man or woman annuls their marriage owing to any one of the above-mentioned defects, they should separate without getting divorced.

Q1168: Is it permissible to annul the marriage contract if a man deceives a woman or vice versa in the course of getting married, or if they intentionally refuse to reveal something about themselves which is considered as a must for one party to know about the other before making decisions?

A: This is called “Tadlis” (misrepresentation) in technical terms. In such a case, the deceived party can annul the marriage contract. For instance, the case of a man who introduces himself as to be educated, or of any given social or economical status, or refuses to reveal any flaws and defects in him, and after getting married it is revealed that he has deceived the woman. In all such cases, based on the “Ghorur” and “Tadlis” principle, rule of deception and misrepresentation (accepted by all Foqaha), the deceived party has the right to annul the marriage, whether or not it (the right to annul) is mentioned in the contract, and whether or not it is a physiological or physical defect or any flaws in character. To annul such a marriage, the presence of two just men (Adlain) is not necessary. Nor is it necessary for the woman to have remained unpenetrated after her last menstruation and it doesn’t matter if they have had sexual intercourse before the annulment. In any case, the deceived party can annul the marriage, and this annulment is different from divorce and both parties have equal rights and choices.

Q1169: Is it permissible to marry a Muslim girl to a man who is suffering from AIDS? Can she annul the marriage if she learns about that later?

A: Regarding how fatal this contagious disease is, and that it can inflict serious and irreparable harm on her, if it existed at the time of marriage and was not mentioned to the girl, the wife can annul the marriage. In fact, the harm and loss caused by these kinds of diseases is much greater and more serious than impotence and eunuch.