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Seeking Fasak Nikah: Valid or Not?

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My brother in laws daughter was married for the last 2 years. Her husband started ill treating her, demanding money from her parents and beating her. He also drinks and misbehaves. We tried to conceal him and send our daughter back twice. They started living separate for more than one year but again he started the same thing. Now his brother and parents are also involved in torturing her. We went to a local mufti saheb and asked for a fasak nikah. They have a saharia council. They tried calling the boy for reconcilation and they even sent the letters. They called him on the phone but he never attended and avoided to meet with them. After three attempts of sending letters, they called the girl and questioned her for the reason for asking for the divorce/fasak, and they pronounced their view and decided to issue the fasak nikah. The question is, other muftis are saying that this is not valid, because they do not accept these people as muftis. They are telling/forcing us to go to their known muftis for this purpose. If every mufti goes on telling that he does not recognise the other mufti then how can a normal Muslim live with this type of Islamic leaders. Please issue a fatwa for what is right or wrong.


A: If the Muslim organisation followed the Shar’ee procedures and thereafter made faskh of the nikaah, the faskh will be valid.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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