Annuling the nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I would like to know if husband and wife have gone to the MJC. The wife wanted a faskh but the husband didn’t want. The MJC didn’t grant one because there wasn’t grounds for a faskh, but has requested that the husband and wife meet again at the MJC to discuss the way forward. My question is, can the wife go behind his back to another Imam or Sheikh and get a faskh without the husband even knowing about it or being notified. I have heard that there are some Imams that will simply issue a faskh based on the wifes story and not even bother to notify the husband. Is this valid?

Bismillaah

A: If the Shar’ee procedures of faskh are not adopted, then the faskh will not be valid.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

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