Episode 79: The annulment of marriage due to the insolvency of a husband (1) or his absence (3 - 3)

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Case: If the insolvency of a husband is proven, a husband is given choice between three matters: To annul marriage, to stay with her and the expenditure will be a debt on him until he possesses money, and to keep marriage without enjoying her body, so she leaves the house and in this case he is not obliged to spend on her because expenditure is obligatory in return for enjoying her body.

If she stays with him then she decided to annul marriage, she may ask for the annulment of marriage because expenditure is renewed every hour and day. However, if she drops her right of annulment and expenditure and satisfies with the conditions of her husband, she may ask for annulment later unlike the case of dower if he is insolvent and she satisfies to live with him without paying dower, she has no right to ask for it because it should be paid one time only.

The second case is: If a wife does not believe her husband in the claim of his insolvency and he has no proof and she does not believe that he is insolvent:

In this case, the judge should postpone the case until she proves his insolvency, and the period of respite is subject to the judge's estimation but it was estimated by three weeks, but if the husband remains insolvent, another period shall be given to him by the judge, but if the husband fails to pay the expenditure, the judge shall divorce her.

There are some conditions stipulated to prove insolvency which are:

The first condition is: To bring a guarantor to prove that a husband will not escape, but if he did, a guarantor shall be detained to prove the insolvency of the husband.

The second condition is: A husband should not possess a well-known property and if he has, this property shall be taken from him instantly.

The third condition is: A husband should spend on her since the commencement of marriage until the time of asking for annulment, but if he has not spent on her, she has the right to annul the contract for that reason without returning the dower to him.

 

____________________________

 

(1) See: Al `Inayah Sharh Al Hidayah 6/211, Al Fawakih of Ad-Dawany 3/1077, Al Umm 5/88, Al Majmu` Sharh Al Muhadhdhab 18/267, I`anat At-Talibin 4/93, Hashiyat Ar-Rawd Al Murbi` 7/125, Majmu` Al Fatawa 30/57, Zad Al Ma`ad 5/511, and Al Fiqh `Ala Al Madhahib Al Arba`ah 4/86.

 

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