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Islamic Sharia Laws ( 8 Dec 2021, NewAgeIslam.Com)

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Can A Wife Get Her Marriage Annulled By The Muslim Judge In Case She Is Unable To Obtain A Talaq Or Khula?

A Wife Can Get Her Marriage Annulled By the Muslim Judge on the Legal Grounds Acceptable In Islam

Main Points:

1.      In general the husband has sole authority over granting Khula and Talaq to his wife.

2.      What are the requirements for a Muslim court to declare the marriage null and void?

3.      If the Muslim judge finds evidence that the husband is violent, or fails to pay her alimony and fulfil other marital rights, he can annul the marriage.


By New Age Islam Staff Writer

 8 December 2021


(Representational Photo)


Question: There are many cases reported in the present day when the husband deliberately runs away and refuses to give divorce. He may have gone abroad for work and doesn't want to have anything to do with his wife. Nor would he release her from the prison that her marriage may have become. He simply wants to deprive her of her marital rights. The wife wants her marriage to be declared null and void. She has attempted to contact her spouse in order to demand her rights. She has asked for divorce and Khula, but her husband refuses to utter the words of divorce and Khula. What other options does she have now? In such a circumstance, does Islamic Sharia allow for the annulment of the marriage [Faskh-e-Nikah]? What are the requirements for a marriage annulment?

In response to all of these queries, we will not respond on our own behalf, but will instead quote material from various fatwa websites and urge readers to express their perspectives on the matter in light of the Qur'an and Sunnah, in order for the subject to become more apparent.


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A fatwa published on Banuri Education reads,

In general, the husband has sole authority over granting Khula and Talaq to his wife. The court will not grant Khula or divorce without the permission of the husband. If the husband wrongs the wife, for example, by failing to pay alimony and the wife proves it through witnesses, the Muslim judge may annul the marriage if she meets the court's legal requirements. The marriage can only be dissolved if the conditions are considered valid.

What are the requirements for a Muslim court to declare the marriage null and void?

According to Maulana Ashraf Ali Thanvi, who is referenced in the fatwa, the judge should be a Muslim who is just, that is, a person who avoids major sins (Kabaair) and does not always commit minor sins (Saghaair). He should also be able to judge, and legal proof that is accepted in Islamic law should be submitted to him. If the Muslim judge, based on evidence, is certain that the husband is not fulfilling the rights of his wife such as bread and maintenance, he has the ability to annul the marriage, and his judgement will be legitimate. (Heela Naajizah, p.31-41)


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Another Fatwa published on  Darul Ifta Deoband says,

“If there is a rift between the spouses due to oppression and severe beating by the husband and the wife does not want to live with the husband, then in some cases there is scope for annulment of the marriage according to Islamic law” (Kaarwaai wa Tajaaweez, Eleventh Fiqhi Seminar, p.9)


(Representational Photos)


The fatwa published on  Darul Ifta Jamiaturrasheed says,

In essence, Islam has granted men the right to divorce. "Divorce is the right of men," the Holy Prophet is reputed to have declared. As a result, if a woman goes to court without a legal reason to get her marriage annulled and the judge rules in her favour, the judge's decision will be invalid. Yes! According to Islamic Sharia, a judge's decision to annul a marriage on the basis of legal grounds is valid. The reasons for which the decision will be considered valid are as follows:

1.       When the husband neglects the wife's rights and refuses to pay alimony.

2.       When the husband is impotent.

3.       When the husband has vanished.

4.       When the Husband is totally mental.

There are distinct conditions for the annulment of the marriage in each of these circumstances.

It should be mentioned that due to the difficulty in obtaining the conditions for annulment of marriage, the court now utilises the term Khula in its degree. Even in these situations, the ruling of the court will be regarded as an annulment of the marriage, provided that Shariah rules are followed. For example, a decision in favour of a woman may be made without the husband's knowledge. This ruling is only legal if the court makes its judgement in accordance with all Shariah requirements, such as the woman's claim being supported by two witnesses and the husband failing to appear in court after being informed. The decision of annulment of marriage or Khula will be declared null and void in circumstances where the decision was reached in an illegal manner, and then the woman will not be given the permissibility to remarry.


Also Read:  Muslim Women’s Right To Unilateral Divorce Given In Quran Restored By Kerala High Court After Five Decades


The fatwa published on Fatwa Online says,

If the couple is not living together and their hate has grown to the point that they can no longer live together, they should split in order to establish Allah Almighty's limitations. This separation can take place in one of two ways: the husband can divorce, or the wife can take the matter to court. If the case goes to court, the judge's first aim should be to bring the couple back together. If the husband refuses to reconcile, the judge should convince him to divorce willingly. If the husband isn't ready, the woman should create some sort of deal and persuade the husband to divorce (this is also called Khula).

If any of these tactics fail and the wife provides reasons acceptable in Sharia, such as the husband abusing and physically and mentally torturing her, failing to pay her dues and refusing to divorce her, failing to pay expenses and maintenance, the husband suffering from a contagious disease, the woman having been defrauded at the time of marriage, etc., the court or the Qazi has the authority to annul the marriage.

(End of the Quotes)


Related Article:  Can A Wife Demand A Khula Divorce From Her Husband, And What If The Husband Refuses? Is Present Islamic Sharia Unjust To Women?


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