Fleshy growth in the wife's womb and the right to annul (afal)

العَفَل

In the lexicon, afal is a fleshy growth in a woman's genital passage, which arises after childbirth and not in virgins; some say it is a swelling that narrows the passage until penetration is impossible ¹. Some jurists distinguish it from ratq, a closure from birth; both are defects that give an option to end the marriage ¹ ². The Malikis and Hanbalis hold that it gives the husband an option to annul the marriage, since it defeats the marriage's main purpose; Abu Hanifa and Abu Yusuf hold that neither spouse has such an option ¹ ². The Shafi'is count ratq and qaran, another closure, as defects peculiar to women that give the option ².

Summary

In the lexicon, afal is a fleshy growth in a woman's genital passage that arises after childbirth and not in virgins ¹.

Distinction from ratq

Some jurists distinguish afal, which comes after childbirth, from ratq, a closure present from creation; both are defects that give an option to end a marriage ¹ ².

The option of annulment

The Malikis and Hanbalis hold that afal gives the husband an option to annul the marriage; Abu Hanifa and Abu Yusuf hold that neither spouse has such an option ¹ ². The Shafi'is count ratq and qaran as defects peculiar to women that give the option ².

Obstructing a marriage (adl): the guardian and the husband

In the lexicon, adl means to prevent, and the jurists use it of a guardian who prevents his ward's marriage, and in the case of divorce for ransom of a husband who harms his wife so that she will pay him back. In principle it is forbidden for a guardian to prevent a ward's marriage to a suitable husband, and for a husband to harm his wife to force her to ransom herself; a guardian may be permitted to refuse for the woman's own benefit. A guardian is an obstructer when a woman asks for a suitable husband, or a suitable man proposes, and he refuses without a valid reason, whether or not she asks for her proper dower; the Hanafis do not count refusing a dower below the usual amount as obstruction, and the Malikis do not count a compelling father's rejection of suitors as obstruction unless harm is intended. Once obstruction is proven before the judge, he orders the marriage; if the guardian still refuses, guardianship passes to the ruler according to the Hanafis, Shafi'is, most Malikis and one Hanbali narration, or to the next guardian according to the main Hanbali view; if all guardians obstruct, the judge contracts the marriage.

Fleshy growth in the wife's womb and the right to annul (afal)

At a glance

Summary

Distinction from ratq

The option of annulment

People and things also explored

Sources

Ideas

Obstructing a marriage (adl): the guardian and the husband