In Islamic law, we know about marriage that is cancelled (Fasid). Its means that the marriage is not valid because there is one pillar of marriage that is not fulfilled. So, the marriage must be repeated again and it must fulfill all pillars of marriage.
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In this chance, we will discuss about things that nullify marriage in Islam below.
Nusyuz is insubordinate wife upon her obligations to her husband. For example, a husband has provided a house for his wife but his wife does not want to move to that house, a wife leaves her house without getting the permission of her husband, a wife does not want to serve her husband without a clear reason that cannot be justified.
If a husband see the signs of nusyuz in his wife, then he should get steps to solve her such as :
- If nusyuz still continues, then a husband has a right to rest apart with his wife (meditation). So his wife can realize her faults.
- If the wife still nusyuz, then her husband has a right to beat her with a harmless beat.
Syiqaq is a division that happen between husband and wife. If a household has a different opinion for a long time, it can cause a division. So that, Islam gives a solution for them to imply the third party who can help them to solve the problem or there are some solutions such as
- Remember about the purpose of marriage
- They should avoid some words like lazy, bored, tired, up to you, divorce, etc.
Based on the language, it means that pull out or erase. While fasakh in the term of divorce is a repeal and cancellation of marriage because there are some special conditions, such as the couple has still a relationship or one of them apostatize.
The solutions are
- The wife can ask khuluk to Islamic courts (the law in Indonesia)
- Ask khuluk to her husband directly [AdSense-B]
- Khuluk (The reedem of divorce)
Khuluk is divorce that said by a husband with a payment from wife’s party to him. Khuluk can be done anytime both the wife in the holy state or menstruation. Because this divorce is usually a request from the wife.
Khuluk is allowed because some reasons, such as :
- If the husband and wife are feared that they cannot do the law of Allah Subhanahu Wa Ta’ala, they cannot create a good household relationship.
- If a wife really hates her husband, so it is feared that she will not obey her husband.
[AdSense-A] Zihar is a husband compare his wife with his mother. So it is haram if a husband say to his wife “Your back is like my mother’s back.”
If a husband said that and did not say divorce too, then he is forbidden to make a sex with his wife before he pay kafarat zihar. Kafarat zihar are
- Set a slave free, or
- Fast two months in a row, or
- Feed sixty poor during two months.
- There is balak (vitiligo)
Rasulullah Shallallahu ‘alaihi wa sallam has said :
عَنْ كَعْبِ بْنِ زَيْدٍ رَضِي الله عنه أَنَّ رَسُولُ اللهِ صلى الله عليه وسلم تَزَوَّجَ اِمْرَ أَةً مِنْ بَنِيْ غِفَارٍ، فَلَمَّا دَخَلَ عَلَيْهَا فَوَضَعَ ثَوْبَهُ وَقَعَدَ عَلَى الْفِرَاشِ أَبْصَرَ بِكَشْحِهَا بَيَا ضًا فَا نْحَا زَ عَنِ الْفِرَاشِ ثُمَّ قَالَ : خُذِى عَلَيْكَ ثِيَابَكَ وَلَمْ يَأْ خُذْ مِمَّا أَتَا هَا شَيْئًا (رواه أحمد و البيهقى
“From Ka’ab bin Zaid radhiallallahu ‘anhu that Rasulullah shallallahu ‘alaihi wa sallam has married a woman of Ghifar. Then, when he entered to meet her and that woman has put her cloth and she sat on the bed, white (balak) in her stomach was visible, then he turned and said : take your cloth, close your body and he never commanded to took back things that were given to that woman.” (Narrated by Ahmad and Baihaqi)
- There is an infectious disease
If the husband or wife has an infectious disease such as syphilis, TBC and AIDS, it can be one thing that nullify marriage in Islam. It is explained in a narration below :
عَنْ سَعِيْدِ ابْنِ الْمُسَيَّبِ رضي الله عنه قَالَ : اَيُّمَا رَجُلٍ تَزَوَّجَ بِا مْرَأَةٍ وَهُوَ جُنُوْنٌ أَوْ ضَرَرٌ فَإِنَّهَا تَخَيَّرُ فَإِ نْ شَاءَتْ قَرَّتْ وَإِنْ شَاءَتْ فَارَقَتْ ( رواه الما لك )
“From Sa’id bin Musayyab radhiallahu ‘anh said : Whoever between men who marry with a woman, and that man has the signs of madness, or the dangerous signs, indeed that woman may choose if she wants, she can be still in her marriage and if she wants to divorce, then that woman may divorce.” (Narrated by Malik)
‘Unnah is the penis of impotent man. So, it cannot reach the goal of marriage. In a narration from Sa’id bin Musayyab radhiallahu ‘anh, he said “Umar bin Khathab has decided that ‘unnah man is given a deadline for one year before he is fallen fasakh.” That is same with the opinion of Ibn Mas’ud, too.
- The husband does not provide wife’s needs
This condition will happen if a husband is poor. He is not able to provide his wife needs, both clothes, house, even the dowry has not paid before they do sex. But some witnesses must make it sure about his poorness first.
- The couple is not old enough
If there is a couple who are not old enough to get married, then after they are adult, they have a right to continue their marriage or not. This way is called khiyar baligh. If they choose to end their marriage, then this is called fasakh baligh.
- Polygamy without getting permission from Islamic court
If there is a husband who do polygamy without getting permission from Islamic court, then his marriage is not valid. His marriage can be nullified.
- The woman is still in the period of iddah
If there is someone who marry a woman who is still in the period of iddah, then their marriage is not valid. They should cancel their marriage. If they want, they can marry again after her iddah finish. See also Rules of remarriage in Islam.
Thus the article about things that nullify marriage in Islam. Hopefully we can fulfill all of marriage requirements, so our marriage will be valid in Sharia and our country. Amen.
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