What is the ruling on annulling the marriage contract due to a chronic disease affecting either spouse? I entered into a marriage contract with a woman who affirmed that she was free from any chronic or infectious disease. However, I recently found out that she has breast cancer and had previously undergone radiation therapy after the tumor was removed from her left breast. I tried to reach an amicable agreement for a divorce by way of ibra’, but she refused. Does the aforementioned illness constitute grounds for annulment of the marriage contract?

According to the majority of scholars, including Malik, al-Shafi’i, and Ibn Hanbal, a marriage may be annulled due to certain defects, including penile disseverment, impotence, castration, insanity, leprosy, and vitiligo, whether affecting the husband or the wife. Since leprosy or vitiligo give rise to aversion or adversely affect offspring, the same ruling may extend by analogy to similar conditions not specifically mentioned by the jurists.

According to Ibn al-Qayyim, either spouse may seek annulment of the marriage on account of any chronic and incurable defect because the marriage contract is concluded on the presumption that both spouses are free of any defects.

Based on the above, there is no objection to the aggrieved party, seeking annulment of the marriage if the disease referred to in the question falls within the diseases specifically mentioned by the jurists or if it poses a risk to future offspring.

And Allah Almighty knows best.