Impotence (inna) as a ground for the wife's option to end the marriage

العِنّة

In the jurists' usage, 'inna is the inability to have intercourse through the front passage while the organ is sound; the man is called 'anin for the softness and bending of his organ 1. Impotence is a defect that gives the wife the right to ask for separation, according to the majority; the judge gives the husband a lunar year from the day of the claim, after the practice of 'Umar 2 3 4. The time is not counted while a lawful barrier stops intercourse, such as menstruation, fasting, sickness, pilgrimage or travel, on the detail set by each school 5 6. Impotence is established by the husband's admission, by his oath, or by evidence before the judge; the judge or his deputy takes the decision 3 7. If the year ends without consummation, the wife chooses; the Hanafis hold the separation is an irrevocable divorce, the Shafi'is and Hanbalis hold it an annulment, and the Malikis draw distinctions 8 9 10. The wife is due the full dower according to the Malikis and, in general, the Hanafis; she observes a waiting period, which the Hanafis, Hanbalis and Malikis hold as a precaution 11 12.

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The Prophetic Era
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Family, marriage and kinshipHealth, body and death

Summary

In the jurists' usage, 'inna is the inability to have intercourse through the front passage while the organ is sound; the man is called 'anin for the softness and bending of his organ 1. Impotence is a defect that gives the wife the right to ask for separation, according to the majority; the judge gives the husband a lunar year from the day of the claim, after the practice of 'Umar 2 3 4. The time is not counted while a lawful barrier stops intercourse, such as menstruation, fasting, sickness, pilgrimage or travel, on the detail set by each school 5 6. Impotence is established by the husband's admission, by his oath, or by evidence before the judge; the judge or his deputy takes the decision 3 7. If the year ends without consummation, the wife chooses; the Hanafis hold the separation is an irrevocable divorce, the Shafi'is and Hanbalis hold it an annulment, and the Malikis draw distinctions 8 9 10. The wife is due the full dower according to the Malikis and, in general, the Hanafis; she observes a waiting period, which the Hanafis, Hanbalis and Malikis hold as a precaution 11 12.

People and things also explored

Fleshy growth in the wife's womb and the right to annul (afal)· The clot stage of the embryo (alaqa) and the rulings on its loss· Pregnant woman (hamil) in fiqh· Janin (the unborn child)· The death and burial of Fatima bint Muhammad· The dosing of the Prophet during his illness· The Big Sick· Taj Mahal

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11884
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11886
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11887
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11889
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11890
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11891
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11888
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11892
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11893
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11894
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11899
  12. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.11900
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islam.museum contributors. “Impotence (inna) as a ground for the wife's option to end the marriage”. islam.museum, https://islam.museum/en/concept/inna-impotence/. CC BY-SA 4.0. Last updated 2026-10-23.

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

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. Some jurists distinguish it from ratq, a closure from birth; both are defects that give an option to end the marriage. 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. The Shafi'is count ratq and qaran, another closure, as defects peculiar to women that give the option.