Dissolution of Marriage on the Ground of Male Defects in section 2 of Act 1939: A Comparative Study in the Context of Fiqh Jafaria

ایکٹ 1939 کے سیکشن 2 میں مردانہ نقائص کی بنیاد پر فسخِ نکاح: فقہ جعفریہ کے تناظر میں تقابلی مطالعہ

Abstract

Dissolution of marital relationship is possible under special conditions provided by jurisprudence and law. A study of the family laws enforced in Pakistan courts shows that according to Section (2) of the Muslim Annulment of Marriage Act 1939, a woman has the right to annul a marriage on the grounds of a male defect. However, in the act of 1939, the husband’s loss of manhood at the time of marriage has been declared as a reason for annulment of marriage for a woman. The law is bound to give the degree of divorce on the demand of a woman, but what kind of loss of manhood is it? A man does not have the ability to stretch his penis or the penis is short or cut? There is no interpretation in this law. In Jafari jurisprudence, a man’s loss of the power of manhood is also a reason for annulment of  marriage. But with the interpretation that the man’s loss of the power of manhood, it is possible because of the man’s testicles! Testicle is said to be a man in which both testicles have been removed; It is possible for a man to lose the power of manhood because of Jabb! Majboob is said to be the man whose penis is cut off by the root; It is possible for a man to lose his erectile power die to male genitalia! Anan is said to be a man whose penis becomes weak and he is not able to have sexual intercourse with women. In Jafari jurisprudence, the order and conditions of the three defects are different, the marriage is not annulled just by the woman’s request for annulment. The current research is organized with a comparative perspective in jurisprudence and the aforementioned clause of the law and its purpose is to shed light on the commonalities and differences of marriage annulment due to male defect in Jafari jurisprudence and Pakistani law.