Provisions for annulment of marriage contracts in Islamic jurisprudence and law

Abstract

This research addresses the provisions for the annulment of a marriage contract as a legitimate and legal mechanism aimed at achieving a balance between the sanctity of the marital bond and the necessity of ending it when its continuation becomes impossible. The research focused on distinguishing annulment from invalidation and divorce, and explaining the foundations upon which it is based, whether related to the defects of one of the spouses, breach of conditions, or special legitimate reasons such as difference of religion and li'an (mutual imprecation), and the resulting effects. It also systematically addresses the interpretation of jurisprudential and legal texts and analyzes judicial interpretations, especially the decisions of the Federal Court of Cassation, to show the practical trends in applying annulment. The study concluded by highlighting the financial and non-financial effects resulting from annulment, such as the dowry, maintenance, waiting period, and lineage, while presenting results and proposals that enhance the protection of the rights of spouses and achieve a balance between family stability and the necessity of ending the dysfunctional relationship.