act immediately and annul the marriage. For example, she stipulated that he not marry another wife, but he did so. We say: the apparent meaning of the author’s words is that annulment may be exercised without immediate urgency, because he said, “she has the right to annul [the marriage],” and did not say, “immediately.” Since he did not stipulate immediacy, it is understood that it may be exercised at a later time.

Someone may say: He did not mention delay; therefore, her right to annulment remains unrestricted. If it is unrestricted, she may annul the marriage whenever she wishes. However, if she does anything indicating her acceptance, her right is forfeited. Her acceptance may be indicated either verbally or by her actions. Verbally, for example, she may say, “There is no problem; I accept what you have done contrary to the condition.” By her actions, it may be shown by her remaining settled with him, and the like. If her acceptance is not known, then she retains the right to annul the marriage.

When we say that she has the right to annul the marriage, the correct view is that she may do so without the judge’s permission, because this is a condition concerning which there is no dispute on her part, and the one upon whom the condition was binding has refused to fulfill it. Thus, there is no need for a judge. We need a judge only in annulments over which there is disagreement.

Issue: Some people stipulate that the husband must not travel abroad with his wife. This occurs frequently, and the condition is valid. But if, after marrying him, she waives this condition, it is waived, because the right belongs to her. We do not say that her father has the right to prevent her from travelling if he fears temptation for her, because once she is married, her guardian is her husband. The Prophet ﷺ said: “A man is a shepherd over his household and is responsible for his flock.” (1)