A Fiqh-Legal Re-evaluation of the Impact of Post-Nuptial Defects A Perspective on Family Stability

Article 1124 of the Civil Code grants the right to annul a marriage if a defect exists at the time of the contract. The question arises: Does a party have the right to annul a marriage if a defect arises after the contract? How does the possibility or impossibility of sexual intercourse affect this issue? There are three main approaches to this matter: some jurists deny the validity of annulling the contract, while others believe that annulment is valid and some differentiate between annulment before and after sexual intercourse. This research, using a descriptive-analytical method, concludes that in contemporary life, if post-marital defects are incurable and living with the afflicted individual is hazardous, such as incurable insanity, the right to annul the marriage exists. This right to annulment is due to the prevention of irreparable harm to the other party and the preservation of the physical health and mental peace of family members. The stability of marital life depends on a minimum degree of physical and psychological compatibility, and enduring life with an insane person, in addition to being intolerably harmful, also deprives the family of peace. Therefore, continuing life in such circumstances is not reasonable, and the other party should have the right to annul the marriage. However, if the defect is curable, annulment of the marriage is not valid, and in order to preserve the stability of the family and social relations, one should seek treatment.