to seek the annulment of the marriage. This is an issue that escapes many judges’ attention. Hence they are often asked about a husband who drinks wine: should the contract be annulled or not? Some hesitate over the matter, while others say that there is no annulment, because uprightness is not a condition either for the continuation or the inception of a marriage.

Yet, in truth, when we refer back to their discussion here, we find that the madhhab permits annulment due to a deficiency in religious commitment. Moreover, the apparent meaning of the hadith concerning the wife of Thabit ibn Qays—may Allah be pleased with him—is that a religious deficiency entitles a woman to seek annulment. She said, “O Messenger of Allah, I find no fault with Thabit’s character or religion, but I fear falling into disbelief in Islam.” (1) The apparent meaning of her words is that, had she found fault with his character or religion, she would have had the right to seek annulment. This, in our view, is correct, and it accords with the madhhab on this matter.

In summary, there are four conditions: identification of the two spouses, their consent, the guardian, and witnesses according to the madhhab—or public announcement, according to the view of Shaykh al-Islam. As for compatibility, the correct view is that it is not a condition, though in the case of fornication, we may regard it as an impediment.