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Local Shariah Council Has Dissolved Marriage (Faskh-e-Nikah), Permissible?
As-salamu alaykum,
An XYZ person from a local Shariah Council / Fatwa Committee in the UK dissolves a marriage (Faskh-e-Nikah).
They did this because the wife claimed her unhappiness.
Now my two main questions are:
1). Can Faskh-e-Nikah take place solely because the wife says she is unhappy?
2). The XYZ in question is neither a court nor a verified Qadhi (judge). So does Shariah grants permission to such individuals from small councils or Fatwa Committees to dissolve the marriage?
JazakAllah!
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4 Replies
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Local Shariah Council Has Dissolved Marriage (Faskh-e-Nikah), Permissible?
updated 2 years, 6 months ago
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Any local administrative body which is established with the mutual agreement of the Muslims and the members of the council are qualified in Islamic shariah, they assume the authority for such matters when both parties are agreed on their authority.
If the complaint of the woman is found valid and satisfactory, the council can cancel the nikah. If a party disagrees with the decision, in this case, the husband, he can consult some higher authorities available to him.
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Can Faskh-e-Nikah take place solely because the wife says she is unhappy?
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There are two parts to my inquiry.
Firstly, I am wondering whether Faskh-e-Nikah (dissolution of marriage) can be carried out only based on the wife’s statement of being unhappy.
Secondly, I am curious to know whether the council has the authority to dissolve the marriage without any concrete evidence.
If either of these conditions is true, any woman could potentially approach the council and make such a claim.
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As I stated above, if the council is given authority by the Muslim community under the law of the land, the members are well-versed in Islamic Shariah, and the parties put their trust in it, they are the authority to make such decisions. This is nothing different from the courts of law in a country. They are established on the same grounds on a comparatively larger scale.
It is the responsibility of the deciding authority to investigate the matter to the best of their capacity.
Everyone whether man or woman has the right to approach the court or any authority for the problem they feel they need to consult them. Being unhappy is the core of the problem and is sufficient to deal with.
In the time of the prophet, a woman’s marriage dissolved for the reason that she disliked the countenance of her husband.
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