Is the husband entitled to reclaim the dower, both the advanced and the deferred, that was documented, and divorce his wife, due to a physical disfigurement in her since birth, about which he was not informed before the marriage?
Scholars have differed regarding the establishment of the right to annulment for the sound party if they discover a defect in their partner that was concealed from them before marriage. The majority of scholars hold that this right is established, while the Zahiris believe it is not. The correct view is that defects which cause repulsion and negate the purpose of marriage—namely, tranquility and affection—establish the option for the deceived party. This is more akin to a sale, so that the deceived party can recover their property. As for someone who was aware of the defect and accepted it, they no longer have the right to annulment thereafter, and there is no disagreement among scholars on this point.
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