شروط فسخ عقد النكاح في السعودية

Conditions for annulment of a marriage contract in Saudi Arabia What are and what are the procedures for annulment of a marriage contract and what is meant by annulment of a marriage contract, is what will be explained in this article. There are turbulences that lead to a dead end that does not allow it to continue, and God has legislated divorce as a final solution, but the termination of the contract is another solution found for such matters.

What is meant by the marriage contract?

Before knowing the conditions for annulment of the marriage contract in Saudi Arabia, it is necessary to know what is meant by the marriage contract or the marriage contract. It means the contract and intercourse in the tongue of the Arabs, and the marriage was called marriage because of the inclusion of one of the spouses to the other, and the marriage contract is known as a contract between a man and a woman that is legal for him according to the law according to which the formation of a family and the creation of offspring between them, and it is a contract of offer and acceptance by those who are qualified for that, it is a contract between a man and a woman In a legitimate manner and with specific conditions, and with the presence of consent expressed by the offer and acceptance, and the fulfillment of the conditions of the marriage contract.[1]

Istikhara prayer for marriage

What is the annulment of the marriage contract?

Annulment of the marriage contract is the revocation of the contract and the dissolution of the marital relationship from its origin as if it did not exist and is by virtue of the judge or by the ruling of the Sharia. Divorce is only by consequence, both of them are a separation of the spouses, and the annulment of the marriage contract has terms and conditions and has many reasons that make it possible and prove the annulment of the marriage contract with them.[2]

How many annulment sessions?

Conditions for annulment of the marriage contract in Saudi Arabia

The annulment of the marriage contract in Saudi Arabia means the demise of the bond of contract between the spouses, according to the judge’s decision, and each of them becomes a foreigner to the other, and the Kingdom of Saudi Arabia has set many conditions for the annulment of the marriage contract in Saudi Arabia. :

insolvency

One of the conditions for annulment of the marriage contract in Saudi Arabia is insolvency. The scholars differed in its ruling, but if the husband does not spend on his wife an alimony that suits her condition, then this is one of the matters that permits the annulment of the contract or the request for divorce for the woman, even if she is aware of his poverty and insolvency before marriage, and this is what the majority of scholars say, Sheikh Ibn Uthaymeen says If he marries her while he is insolvent, knowing his condition, she has the right to choose him between divorce or alimony, and some scholars, such as Ibn al-Qayyim, said that a woman is not permitted to annul her because of the husband’s insolvency, whether she marries him knowing his insolvency or not, or if he is well off and then insolvent after marriage, and she has annulment in one case. If he appears to her as richer and deludes her into him, and he is otherwise, and others said that if she married him while she was aware of his condition, then there is no annulment, but it does not prevent her from working to help him and spend on herself.[3]

backbiting

One of the conditions for annulment of the marriage contract in Saudi Arabia is backbiting, which is the absence of the husband due to travel from his country and he did not return after that, but his life is known and his address is known, so the husband left his wife for a long period with the possibility of traveling to her is a waste of rights and he is a sinner for his act, and it is the right of the woman by harming her to request annulment The marriage contract, and the scholars differed regarding the separation of backbiting, so the Hanafis, Shafi’is and Hanbalis are of the view that if the husband is absent from his wife for a period, no matter how long or short, and leaves her alimony, she has no right to ask for separation if this is not with the intention of harming the wife. As for the Hanbalis, they said if the husband is absent On behalf of his wife without an excuse, she had a request for the annulment of the marriage contract, even if his absence was with an excuse, it would not be permissible for her to do so.[4]

• The backbiting should be long, as the Hanafis say six months or more, so the wife has the right to request annulment of the contract, with the availability of other conditions, and the Malikis said that the period should be a year or more.
• The wife’s fear of harming herself by this absence, such as her fear of falling into fornication and not just craving intercourse.
• The husband’s absence without an excuse, and if it is for an excuse such as Hajj, trade and seeking knowledge, it is not permissible for a woman to request the annulment of the marriage contract, and this is the saying of the Hanbalis, as for the Malikis, they do not stipulate that.

loss

One of the conditions for annulment of the marriage contract in Saudi Arabia is loss. Is it permissible for the wife to request the annulment of the marriage contract because of the loss of the husband? The scholars have said that the wife of the missing person has the right to ask for separation in the absence of her husband and the interruption of his experience and ignorance of his whereabouts, if she fears that she will harm herself and fall into taboos such as fornication, but it is not permissible for her to do so until after she has been waiting for herself for four years from the day he lost him and his experience was interrupted. After death, it is permissible for her to marry someone else. A prisoner or traveler whose experience is not known for more than four years is permissible for his wife to annul the marriage and marry someone else.[5]

confinement

One of the conditions for annulment of the marriage contract in Saudi Arabia is also imprisonment. Does the wife whose husband is imprisoned have the right to demand the annulment of the marriage contract? The imprisoned is the man who is arrested and imprisoned for a felony or violation or something else, and the people of the situation say in this that if the imprisoned does not leave alimony for his wife, she is free to remain in his infallibility or request the annulment of the marriage contract, even if he left her alimony but the length of his imprisonment, This causes harm to the wife by not having intercourse with her, and this is what allows her to request annulment of the marriage contract, whether it was with the intention of the husband or unintentionally and if it was with alimony or without, and saying about the imprisoned is like saying about the lost according to the consensus of the scholars, if the woman is unable to benefit from her imprisoned husband, it is permissible for her Request for divorce and annulment of the marriage contract.[6]

bad ten

Among the conditions for annulment of the marriage contract in Saudi Arabia is bad tenure, which is everything that the husband does that harms the wife materially or morally, such as hitting the wife, swearing at her, or insulting her. The husband and the impossibility of the continuation of married life, the wife has the right to request the annulment of the marriage contract to prevent harm and increase it.

defect

What are the defects of the man and the defects of the woman because of which the annulment of the marriage contract is permissible? If there is a defect in one of the spouses that was hidden from the other party during the writing of the contract, the one from whom this defect was hidden has the right to annul the marriage contract, and this is one of the conditions for annulment of the marriage contract in Saudi Arabia. Justifications for annulment of a marriage contract, such as if the man or woman has leprosy or a disease that disables marriage and others. This is the view of the majority of scholars, and God and His Messenger know best.[7]

apostasy

Apostasy is one of the conditions for annulment of the marriage contract in Saudi Arabia. Apostasy means that one of the spouses apostates from Islam and declares his departure from the religion, and the apostasy of the husband or wife terminates the marriage contract, as scholars said, some of them said that it annuls the marriage contract immediately and others said that the contract is annulled with the expiration of the marriage contract. The waiting period for the wife, if the apostate returns to Islam before the waiting period ends, the marriage between them will continue, and the four imams agreed on the annulment of the marriage by the apostasy of one of the spouses, but the dispute was at the time of the separation, and they added that the woman has control over herself after her waiting period. Perhaps her husband returns to Islam, but the summary of the saying is that apostasy allows a woman to request annulment of the marriage contract, and God knows best.[8]

Ruling on a wife going out while she is in her father’s house during a dispute with her husband

How many annulment of marriage contract?

After talking about the conditions for annulment of the marriage contract in Saudi Arabia, it is necessary to talk about one of the consequences of the annulment, which is the waiting period, and that the number of annulment of the marriage contract is one of the matters on which scholars differed, in determining the duration of the waiting period for a woman. He said that the waiting period of a woman whose marriage contract has been annulled is like the waiting period of a divorced or widowed woman, three months, or three menstrual cycles, and the woman is given in charity after the expiry of sixty days of her waiting period, or as others said at the end of thirty-nine days, and some scholars said that the waiting period of a woman who was annulled Her marriage contract is one month, or one menstrual cycle, as well as divorce, and God knows best.[9]

What is the difference between divorce and annulment?

The scholars have collected many differences that show the difference between the provisions of divorce and the annulment of the marriage contract, which we will mention to you in turn, and they are:

• Divorce is the termination of the marital relationship and it is only by the major divorce, but annulment is the revocation of the marriage contract as if it had never existed.
• Divorce does not have to be based on a valid marriage contract, but annulment is based on a valid contract and for legitimate reasons stipulated in Islam.
• Divorce decreases by the number of shots the man says, and a man can return his wife to his obligation, before the end of her waiting period, while the annulment is not the number of divorces, and it is not permissible for a man to take his wife back after the annulment, except with a new contract.
• Divorce takes place without the presence of a Shari’a judge. As for annulment, it must be decided whether it is legal or not.
• Annulment takes place by the judge’s ruling, whether the consent is from the two parties or one of them only, and does not need the husband’s wording.

Doaa exit from the council

What are the effects of annulment?

We have previously passed the conditions for annulment of the marriage contract in Saudi Arabia, and we will talk in the following, on the effects of the annulment of the marriage contract between spouses, and the effects that occur after the annulment, in terms of affinity, lineage, etc., and the effects are:

• The sanctity of intermarriage: that is, it is forbidden for the husband to marry his wife’s branches and origins, if it is proven that consummation of it is established, but if he does not consummate it, it is not forbidden after the annulment.
• Iddah: For a woman whose marriage contract is annulled, the waiting period is obligatory for her, as is the case for a divorced woman whose husband has died, but the waiting period is different.
• Affinity: If the marriage contract is annulled, because the marriage is invalid and corrupt, the children are attributed to their father, i.e. the husband, in order to protect his honor and lineage, and to protect him from society.
• Dowry: The woman takes her dowry if it is proven that she has consummated the marriage, and she takes half of it if the annulment is for the reasons stipulated by Sharia.

What are the procedures for annulment of the marriage contract?

The annulment of the marriage contract by the Sharia judge has several procedures that the spouses must take, in order for the court to address their problem, either by reform if the reason is not sufficient for the annulment, or by annulment of the marriage contract and separation between the spouses, taking into account the consequences of that, and these procedures are:

• Go to the competent court, which is the Personal Status Court.
• Go to the official website of the ministry, to fill out the statement of claim form for the annulment of the marriage contract, or you can obtain a paper form from the newspapers section of the court.
• Set an appointment for the lawsuit through the Appointments and Referrals Section in the Personal Status Court.
• The presence of the two parties on the specified date and the submission of the statement of the case in writing, which is done by the competent lawyer.
• The judge reviews the statement of the case, and asks the spouses about the reasons that prompted them or one of them to request the annulment of the marriage contract.
• If the spouses are truthful about the reason for the existence of the defect and the fault, then the judge shall rule for divorce and annulment of the marriage contract.

Is it permissible to take the wife back after the first divorce without her knowledge?

Here we have come to the end of this article in which we have mentioned the conditions for annulment of the marriage contract in Saudi Arabia, with a mention of the difference between annulment and divorce, and talking about the effects of the annulment, as well as mentioning the procedures taken upon the annulment of the marriage contract, in addition to the definition of the marriage contract and what is meant by annulment Marriage contract.