Mufti Online — Madrasah Ta'leemuddeen

Faskh of nikaah

· 7 Shaʻban 1446 AH1 min readEnglish

Question

In shariah law there is a system called Faskh e Nikah which allows a woman who is abused in a marital relationship and has legitimate reasons to end the marriage can do so through a judicial decree without consent of her husband.

I would like to know is this system proven from Quran, Sunnah and Hadith?

Secondly, what are the legitimate reasons that will allow a Muslim woman to exercise her right to annul the marriage through this system ?

Answer

The Fuqahaa have extracted these laws from the Quraan Majeed, Sunnah and verdicts of the Sahaabah.

Explain your situation to us so that we can inform you of the Sharee ruling.

And Allah Ta'ala (الله تعالى) knows best.

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/35565
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-35565

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