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Faskh of nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I received my faskh via a Moulana and did not go through the shariah court or our MJC. The moulana confirmed that I have grounds for my faskh as I advised that my husband does not fully support me and the children and makes more time for his friends. He also spends weekends at his parents house without me and the kids. The moulana only confirmed this with my husband and then provided my annulment certificate in the same week. I heard on the radio that a faskh will not be valid by any Imam or moulana as it must go through the Muslim judicial counsel. Is this necessary? Is my faskh valid and is it compulsory for me to go for counselling first?

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A: In order for the nikaah to be annulled, certain Shar’ee procedures and conditions will have to be fulfilled. If these procedures and conditions were not fulfilled, the faskh will be invalid.

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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