Procedure for Faskh (annulment of marriage).
I was given a divorce through faskh by an imaam who also got me married
Can I have your view on this matter?
In the Name of Allah, the Most Gracious, the Most Merciful.
The dissolution of marriage by means of Faskh (annulment) is a very sensitive affair and governed by a stringent protocol and requirements of Shari’ah. Faskh can only be done with extreme caution in dire circumstances, like when the husband does not provide for his wife; or if there is a strong fear that the wife will fall into sin (adultery) because of the husband failing to fulfil her conjugal rights or the husband being continuously abusive physically.
In cases such as these, there are steps to follow in order of sequence; first and foremost persons representing both parties should make an honest attempt to bring about a reconciliation between the couple. If this fails and the husband is not prepared to mend his ways, he will be requested to honourably issue a divorce to his wife. If the divorce is not issued and the husband still refuses to give his wife Talaaq, nor is there any improvement in the severity of the problems, making her life difficult, then she should try to obtain Khula’ from her husband.
(Khula’ is the release from a marriage contract obtained by the wife upon payment of compensation to the husband; e.g. returning her dowry to him or any other compensation that both parties agree on). If the husband is not prepared to implement Khula, then she may apply for Faskh to a Darul Iftaa which includes panel of religiously inclined Muslim scholars, including at least one Mufti. The panel will call on both parties and listen to the case. If the wife’s allegations are proven to be genuine and the husband is still not prepared to desist from his unjust treatment of her, then only the panel may go ahead and dissolve the marriage according to a set of rules laid down by Shari’ah. In many cases it may be very likely that the abovementioned requirements of Shari’ah was not fulfilled.
You may also contact our Darul Iftaa for any further advise on the issue at 368-0010.
We make Duas Allah makes the matter easy.
And Allah Ta’āla Knows Best
Mufti Arshad Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)