Fask (Cancellation) of the marriage

Q: I have been married since 2008. During my first year of marriage, my husband hit me, swore me, smashed the wind-screen of my car and used drugs. I went back home for nine months trying to get my talaaqs from the jamiatul-ulema. They said we should reconcile. We did reconcile and I fell pregnant. My husband started using drugs and got hectic, straight after I gave birth, he went to rehab. When he came out, we went for counselling and soon afterwards, I suspected he was using, but he said it was only weed. I fell pregnant again but had a  miscarriage. I refused to go back unless he signs a conditional talaaq valid for six months. In that six months he broke two of the conditions. We then went for marital counselling. He still abuses me mentally and verbally. He doesn’t physically abuse me as bad as before. He
just pushes and pulls here and there. I got a faskh granted on this basis from an Imaam who is an Islamic minister at a certain center and began sitting my iddat. Now he says that he has found out from Ulama’ that my faskh is not valid. Is my fasgh valid and who can issue a fasgh? I do not want to go back.


A: We suggest that you refer your case to a jamiat body that deals with these types of cases. You may also refer to Darul Ihsan. Insha-Allah they should be of assistance to you.

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


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)