Is discord and lack of companionship between spouses considered a reason for the annulment of marriage in Maliki jurisprudence, and what is the limit of discord and the definition of lack of companionship?
Discord between spouses refers to disagreement and contention. It can be a cause for separation, but it does not automatically nullify the marriage contract. Rather, if one spouse aggresses against the other, the judge admonishes the aggressor. If their situation becomes complex, two arbitrators are dispatched to examine their case and reconcile them. If reconciliation proves difficult, the dispatching of two arbitrators is legislated to work towards their reconciliation. Companionship (al-mu'anasah) means fostering harmony between spouses through communication, which is something that should be done. Its absence does not constitute a valid reason for divorce unless the situation escalates to abandonment and cessation of communication, as this is a harm that permits the wife to seek divorce.
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