Factors of cancellation

Factors of cancellation

Dear audients! Being the blessed Sunna of prophet Mohammad (PUBH) the marriage means the matrimony in Arabic language, this is a great and nice contract that connects two families, two tribes even two countries, the boy and girl start the lovely life by bless of marriage, they also form a family, in this manner they also obtain names of father and mother, they start growing their children besides other works, they present new people to community, then they get special dignity and position in the community, unfortunately sometimes big and small problems raise or they may have not had the consent before the marriage or they may have not decided properly for marriage therefore differences raise among them, they feel hate against each other, the sweet moments in their life get bitter as even it happens that they leave the long trip of the life that they had started jointly  in the middle and abandon each other, this separation is different in Islamic laws and other laws as the cancellation is one of the instances of dissolution of marriage or matrimony.

The article number 132 of Civil Law defines the cancellation: the cancellation is such a disorder/loss or defect that occurs during matrimony or after matrimony that prevents the continuation of the matrimony or marriage.

Being uncorrected the conditions of matrimony, defect in dowry, decline of lunacy are the instances that cause the disorder and defect during the matrimony.

Illegitimacy of being bridegroom, cursing (accusing of the wife on adultery without having any witness rejected by wife), rejection of acceptance of Islam by infidel  wife that her husband has accepted Islam are the instances that make obstacle in front of marriage continuation. In first case the base of contract of matrimony is obliterated namely there were factors of cancellation in the beginning of matrimony, in the second case the base of matrimony has not been obliterated  rather the appearance /emergence of some of the defects/disorders and not executing the conditions have caused the cancellation of marriage.

Ok! Dear friends, now I would like to draw your attention to an interview that me Mohammad Nasim Lalahand has conducted with Hila Barakazi the assistant of gender department at Swedish Committee for Afghanistan regarding the factors of consent and cancellation.

Question: By your opinion, what is the aim of marriage?

Answer: By my opinion the marriage is the right of every human, the right of boy also the right of girl, the marriage is the basic factor for develop of social life, every human has the right to marry according to its own consent and their family also should engage them according to their wish.

Question: What points must be considered/heeded during matchmaking of a girl in Afghanistan?

Answer: By my opinion, the view of boy must be obtained, it is important for both families that the girl should know that who is coming for her matchmaking , the boy also should know that whom the matchmaker is going for, the people feel shame to ask the boy or girl but they should consider that the coming life belongs to them, the boy should know about the girl, he should see her picture, the boy also should know about the girl’s family, the boy must be asked what type of life did he like? What his wish? What does he like, what doesn’t he like, the girl also should be asked whether she agree with this marriage or not, does she like the family and boy or not, the family of girl must research about boy’s family, the family of boy also research about the girl’s family, these all prevent the appearance of problems in their coming life, unfortunately the family of boy researches about girl’s family but the girl’s family doesn’t do as the family of girl is not trying to find about the boy whether he is good or bad, is he addicted with narcotics, is he educated or he is illiterate, in general all these are the issues that their ignoring/not considering causes that the problems would raise between the boy and girl after marriage.

Question: What would be the effects of indecent customs on marriage ceremonies in Afghanistan?

Answer: The marriage ceremony must take place very simply but unfortunately the existence of many indecent customs have eliminated and forgotten our pure Islamic and original customs and principles, these indecent customs put bad effects on our countrymen, the money asked by girl’s family under name of dowry, preparation of a big list of expenses of marriage ceremony by the girl’s family to boy’s family are the customs that coerce the boy to loan money for marriage or delay the marriage or go out of the country to earn the required money and do the marriage, this is a big problem  for the boy.

Question: Will the marriage be legal if there is not consent between the boy and girl?

Answer: from view point of Islam the consent of boy and girl is a big issue for marriage and is called a big condition for matrimony, when a family connects the relationship with other family they should make sure about each other consent, if the girl was not happy then they should waive of marriage, in Islam the silence of girl or woman for marriage is called her consent but it can happen that the girl may feel shame and would not express her consent which can be detrimental for her after marriage, if the girl cannot express her view directly to her father she can tell her secret to her mother, sister , uncle daughter or to those who are faithful to her secretes, you must know that the consent of girl and boy for marriage  has some more benefits as well, if they have mentally, logically, spiritually consent to the marriage they would never perpetrate self-burning, self-killing and flee of the house the actions that are very shameful indecent and shameful actions in our Islamic community which results many other problems in the community for example when a mother perpetrates the mentioned actions her children would be damaged, they will not be appeared as beneficial and serving to the people in the community.

Question: What is cancellation and what cause the cancellation?

Answer: Though much have been mentioned about cancellation in Islamic principles and orders but I want to cite the social factors of the cancellation,  cancellation means elimination of the matrimony and marriage there are there factors for cancellation in our community , first the interferences of others causes the cancellation for example the people will tell to boy that your wife do not fear from you, she is not hearing you, she is not obedient to you, you don’t have control on her ETC; they say to the girl that you are very nice and the boy is ugly, he is illiterate, he is not deserving of you, in fact all these or other similar interferences destroy their life, as the situation becomes so bitter that they separate each other and cancellation occurs; the  improper customs are also factors for the cancellation , for instance when a woman goes to a wedding she wears new cloths but when she goes to any other ceremony then she asks her husband to bring more new cloths, she would tell her husband that i had worn the cloths in other ceremony so if I wear again the people will lough on me, it is right that going to relatives’ houses and happiness is important for everyone but if the friendship is in usage of cloths and jewelries then this is not friendship; lack of mutual respect is another factor of the cancellation as the wife use bad words during her conversation with her husband, she does not respect her husband, she doesn’t serve him as required, in such a situation the husband would have to beat her, by this the violence comes to existence, the violence causes the separation and then the cancellation, if there is good understanding between the wife and husband, respect each other, don’t follow the indecent customs, don’t let other to interfere in their life, in this case no bitterness will come to their life, they will have lovely life and they will be able to grow their children properly.