mention beauty. Thus, if she stipulates that the husband be handsome, but when he comes in to her she finds that she cannot bear to look at him, then, according to the madhhab, she has no option to annul the marriage. Glory be to Allah! Al-Mutanabbi spoke truly when he said:
Among the hardships of this world for a free man
Is to see an enemy whose friendship he cannot do without.
Yet they say that if she stipulates an increase of one riyal in the bridal gift and he does not fulfill it, she has the right to annul the marriage. If her bridal gift was one thousand riyals and she said, “You must give me one thousand and one riyals,” but he gave her only one thousand, then she has the right to annul it because of the missing riyal. So what if she stipulated that he be handsome, only to find that he is among the ugliest of Allah’s servants?! There is no doubt that this is more distressing for the woman.
Therefore, the decisive and preponderant view is that if she stipulates a desired quality in the husband—such as handsomeness, height, stoutness, or the like—and he proves to be otherwise, then she has the right to annul the marriage. Glory be to Allah! If he stipulates that she be beautiful and she proves unattractive, he has the right to annul it; but if she stipulates that he be handsome and he proves unattractive, there is no annulment. Where, then, is the justice in this?!
For this reason, the unquestionably correct view is that if she stipulates a desired quality in the husband and he proves otherwise, she has the right to annul the marriage; there is no difference in this regard. Indeed, it would be more appropriate to say that she has a greater right to annul it than the husband, because the husband can free himself through divorce, whereas the wife does not hold the power of divorce.
If she stipulates that he be Muslim but he proves to be a member of the People of the Book, the marriage is invalid from the outset, since a disbeliever—even if he is from the People of the Book—may not marry a Muslim woman. And if he stipulates that she be able to bear children but she proves infertile, then he has the option to annul the marriage according to the madhhab; conversely, she too has that option according to the madhhab.