IslamQA.org Logo

Father’s Annulment of Marriage

Answered according to Shafi'i Fiqh by Seekersguidance.org
Answered by Shaykh Irshaad Sedick

Question Summary

Does my father have the right to annul my marriage contract with my husband?

Question Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah guide every dimension of our lives to that which pleases Him.

Your father may not unilaterally annul your marriage.

Who May Effect a Divorce

A divorce may only be valid from a sane husband who has reached puberty and does so voluntarily. A divorce is not valid by someone wrongfully coerced to do it. [Nawawi, Mihaj Al-Talibin]

Who May Annul a Marriage

The husband or wife has the option to annul the marriage contract when there are justified grounds to do so. Marriage annulment may only be conducted in the presence of an Islamic magistrate (qadi) or a third party chosen to judge between them (provided that he is a suitably qualified scholar of Islam) when there is no Islamic Islamic judge. [Keller, Reliance of the Traveler]

Given the considerations in such cases, we urge you to please consult reliable local scholars or counselors about the specifics of the situation.

I pray this is of benefit and that Allah guides us all.

[Shaykh] Irshaad Sedick

 

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar, Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and pursuing his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

Find more answers indexed from: Seekersguidance.org
Read more answers with similar topics: