Does a husband's delegation to his wife regarding the 'ismah (power to unilaterally terminate the marriage) in a voidable marriage take the same rulings as in a valid marriage? Can he retract the delegation? Can she reject the delegation? And does touching, kissing, and intercourse without penetration, with her consent, nullify her delegated authority?
For the answer to properly address the issue, the nature of this defect must be clarified, as invalid marriages are many and their rulings vary. However, we can state generally: The ruling for an invalid marriage is annulment. If there is a difference of opinion regarding it, then after consummation, it is treated as a valid marriage as long as it has not been annulled.
As for the husband's revocation of the delegation, it is possible if the delegation was in the form of an agency, and the delegation is nullified if the wife rejects it.
Regarding the effect of touching, kissing, and direct contact: mere enablement is sufficient to nullify the delegation if the wife willingly accepts it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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