Is the suitor entitled to retrieve the full dowry and gifts after the wife requests the annulment of the contract upon discovering a disability she was not informed of?
The majority of scholars hold the view that the cutting off of a husband's finger is not a defect that warrants the annulment of marriage, because it is not among the major defects that affect conjugal relations or the completeness of enjoyment. Indeed, a consensus has been reported that marriage is not annulled by minor defects. Whereas some scholars are of the opinion that annulment is permissible for every defect for which a sale would be returned, and consequently, annulment would be permissible for the cutting off of a finger. However, this opinion is problematic due to the distinction between marriage and sale, and the fact that this minor defect does not affect conjugal relations or the completeness of enjoyment, and therefore, it is not considered a deception (ghabn) or a hazard (gharar). If the wife develops an aversion to her husband due to this defect and finds hardship in staying with him, she may request khul'.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/191555