Is the annulment of the marriage contract between a husband and wife considered a divorce, and is it permissible for the woman to return to him after the annulment?
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Question:
Abu Salim from Abha says: Is the annulment of the marriage contract between a husband and wife considered a divorce? And he also asks: Now, after that, she wants to return to him, but her father refused. So what is the solution? May Allah bless you.
Answer:
The annulment of the marriage contract is not considered a divorce, and it does not reduce the number of divorces, according to the stronger opinion, because it is an annulment. As for it, it is a final divorce, like a divorce for compensation, so she does not become lawful for him except with a new contract. And the fact that her father refuses this, while she has a desire for him and he is a suitable match for her, it is not permissible for her father to prevent her. Allah the Exalted said:[Al-Baqarah 2:232]. So if she desires him and he is a suitable match for her, it is not permissible for her father to prevent her; because this is of the forbidden prevention (i'dhal). Yes.
Abu Salim from Abha says: Is the annulment of the marriage contract between a husband and wife considered a divorce? And he also asks: Now, after that, she wants to return to him, but her father refused. So what is the solution? May Allah bless you.
Answer:
The annulment of the marriage contract is not considered a divorce, and it does not reduce the number of divorces, according to the stronger opinion, because it is an annulment. As for it, it is a final divorce, like a divorce for compensation, so she does not become lawful for him except with a new contract. And the fact that her father refuses this, while she has a desire for him and he is a suitable match for her, it is not permissible for her father to prevent her. Allah the Exalted said:
do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis
فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ
Source
قناة «العلامة الدكتور صالح الفوزان»، هل فسخ النكاح بين الزوج والزوجة يعتبر طلاقا وهل يجوز للمرأة أن ترجع إليه بعد الفسخ؟ شيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
