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  • Faskh-e-Nikah (Annulment Of Marriage)

    Posted by Muhammad on August 8, 2021 at 8:56 am

    Can you please request ghamdi sahib to answer this question because various mufties and mulanas are issuing faskh-e-nikah which is causing huge problems amoung spouses and society at large?

    Faskh-e-Nikah as per my understanding ” a Mufti / Mulana OR group of Mufti and Mulana can issue Faskh-e-Nikah to women / man after case will be presented to them with or without consultation with other spouse”

    QUESTION: Is Faskh-e-Nikah a part of Deen OR was it introduced by Fuqaha, at later stage, based on their opinion?

    QUESTION: Can a Mufti / Mulana have authority to issue Fash-e-Nikah / Break the marriage ? (Please note, here, I am not referring Talaaq / Khulaa)

    Thanks


    Farhan Saiyed replied 3 years, 3 months ago 5 Members · 6 Replies
  • 6 Replies
  • Faskh-e-Nikah (Annulment Of Marriage)

    Farhan Saiyed updated 3 years, 3 months ago 5 Members · 6 Replies
  • Faraz Siddiqui

    Member August 8, 2021 at 1:59 pm

    It means Nikkah is not valid anymore. It happens when 1 spouse leaves the fold of islam. Accept another religion, become an atheist. Men and women become halal for each other by making Allah their witness and accepting all the responsibilities imposed on both of them by islam.

    Hence if someone leaves islam then automatically their nikkah won’t be valid

    No mufti or maulana or anyone can faskh nikkah on his own.

    In the past, many muftis have given such fatawas for trivial things like opposing a political party, refusing to believe in some particular thing relative to particular sect etc etc. bears no value and neither it invalidates the nikkah.

    However, among Qadianis and Agha Khanis the Khalifa and Imam respectively can issue divorce decree on his own.

    • Farhan Saiyed

      Moderator August 11, 2021 at 10:32 am

      There is no concept of automatic annulment of marriage. If one partner leaves Islam, Nikkah remains intact and the relationaship remains legal and valid.

  • Muhammad

    Member August 8, 2021 at 2:29 pm

    Thanks Faraz

    Can anyone please answer my first question

    QUESTION: Is Faskh-e-Nikah a part of Deen OR was it introduced by Fuqaha, at later stage, based on their opinion?

    Thanks

  • Faisal Haroon

    Moderator August 8, 2021 at 4:31 pm
  • Umer

    Moderator August 11, 2021 at 5:58 am

    Faskh-e-Nikah is the dissolution of a marriage by the state when the wife wants to proceed with divorce but the husband unreasonably refuses to grant the Talaq. Only state (Nazam-e-Ijtimae) has a right to do this in order to establish justice in the society. For details, please refer to the following videos:

    Please refer to the video below from 15:32 to 17:34

    https://youtu.be/fJoI-8ZyvXs?t=932

  • Umer

    Moderator August 11, 2021 at 5:58 am

    Please also refer to the link below from 11:41 to13:32

    ilm-o-Hikmat 20-03-2016

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