In Varanasi my friend Ms. Saba Islam is residing. On 01.11.2012 she was forcefully got nikah to Mr. Iqbal Ahmad by her father Mr. Islamullah Siddiqui against her consent and will. No physical relationship is took between her and her husband Mr. Iqbal Ahmad. She does not want to go with her and wish to dissolve the marriage. Kindly suggest us in the following issue: (1) In what way she should dissolve the marriage? (2) Can fatwa be obtained for the end of relationship of both the parties? (3) Any other Islamic way to terminate/dissolved the nikah.

Answered according to Hanafi Fiqh by

بسم الله الرحمن الرحيم

(Fatwa: 999/667/L=1434)

If Ms. Saba allowed for nikah though forcefully then also the nikah which was solemnized in the meeting of nikah in the presence of witnesses was valid. It is in her interest after nikah the girl should obey her parents and go to her husband’s house. She should not seek separation without a valid reason. As far as the matter of terminating the nikah is concerned, it can be achieved in two ways either by talaq from husband or by khula i.e. wife forgives the mahr and the husband gives her talaq in return.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband