2444. If a man realizes after the solemnization of the marriage contract that his wife has one of the following seven defects, he may annul the marriage contract:
1. Insanity
2. Leprosy
3. Leucoderma
4. Blindness
5. She is crippled or has a lax body, unless her laxity is in a manner that it is not deemed to be a defect in the common sense.
6. Ifdh¡’, meaning that her urinary passage and her uterus have become one, or her uterus and anal passageway have become one.
7. Presence of flesh or bone in her uterus that obstructs sexual intercourse.
2445. If a woman realizes that her husband had been insane prior to the marriage contract, or did not possess the male organ, or it gets severed after the marriage contract but before consummation, she may annul the marriage contract. The same will apply if she realizes that he has a dysfunction whereby he is unable to engage in sexual relations, even if the dysfunction develops after the marriage contract and prior to consummation.
However if the husband is unable to engage in sexual relations, the wife must refer him to the ¦¡kim al-shar’yy who will grant him one year’s respite. Thereafter, if the husband is unable to have sexual relations with that woman or any other woman, the woman may annul the marriage contract.
In the event that the man turns insane after the marriage contract, be it prior to the consummation or after it, the woman—based on obligatory precaution—may not separate from her husband without a divorce. If the male organ gets severed after consummation, or a dysfunction incapacitates him from engaging in sexual intercourse after consummation, the wife cannot annul the marriage contract.
2446. If a woman realizes after the marriage contract that the testicles of her husband have been removed, then in the event that he has embellished himself and cheated her, she may annul the marriage contract. In the event that he has not embellished himself, if she wishes to annul the marriage contract, she should not abandon the precaution of getting a divorce.
2447. If a woman annuls the marriage contract owing to the man’s inability to engage in sexual intercourse, the man will have to pay half of the mahr to her. However, if owing to any of the other aforementioned defects, the man or the woman annul the contract, then in the event that they have not consumed the marriage, he will be under no obligation to pay her anything. If however they have consummated the marriage, he must pay her the entire mahr, unless the woman had embellished herself, in which case he will be under no obligation to pay her anything.
