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13-Jun-2017 07:20

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The principal difference between a void and voidable marriage is that, in the case of the former, because it is invalid from the beginning, it can be voided ex-officio; while in the case of the latter it is only the spouse himself/herself who can ask for an annulment (in some cases such as if the spouse is a minor or mentally disabled a third party representative such as a parent, legal guardian or child protective service can start an annulment acting as the legal representative of said spouse).These differences are very relevant, because they represent the official policy on issues such as forced marriage for instance: if such marriage is classified legally as void - then the state can cancel it even against the will of the spouses; if it is voidable - then the state cannot act in the absence of an application by a spouse even if the state knows the marriage is forced.A man does not need grounds to divorce his wife in Islam.

A difference exists between a void marriage and a voidable marriage .

The validity of a voidable marriage can only be made by one of the parties to the marriage; thus, a voidable marriage cannot be annulled after the death of one of the parties.