Is it permissible for a girl's father to annul his daughter's marriage after its completion in front of witnesses, the declaration of the marriage, and the payment of the dowry?
A marriage contract is concluded through offer and acceptance. The offer is when the wife's guardian says, "I have married you to so-and-so," and the acceptance is when the husband says, "I accept," or anything that signifies this customarily. The rule is that all contracts are concluded by what is customarily understood to signify them, whether through the specific wording mentioned or otherwise. This is the preponderant opinion and the choice of Shaykh al-Islam Ibn Taymiyyah. So, if the girl's father says, "I have married my daughter to so-and-so," and the husband expresses acceptance, then the offer and acceptance have been fulfilled. Marriage also has indispensable conditions: the consent of both spouses, and that the guardian concludes it in the presence of two witnesses. If these are met, the marriage contract is concluded, and the guardian cannot revoke or annul it except for a valid reason that permits annulment.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/5537
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 5537
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy