Annuling a Marriage
How to annul a marriage without a man issuing a divorce?
Assalam Alaikum Wa Rahmathullahi Wa Barakathahu. Dear shaykh what is hanafi method to annul a marriage bedsides divorce from husband? If the wife was treated unjustly and the husband does not want to make up the marriage and the wife no longer wants to stay in the marriage. Do the wife and husband need witnesses to do that? How many Islamic judges are required in this case? If there is no shaykh or scholar in one’s residence can the parents annul it? JazakAllahu Khair
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In order for us to respond, please clarify the following points:
- What do you mean by “treated unjustly”?
- Why does the husband not issue a divorce if he “does not want to make up the marriage”?
- Have the spouses explored the option of khula` or not? For an explanation on khula`, refer to the following link: http://www.askimam.org/public/question_detail/19363
- How do you define “residence”?
- Which country are you from and is there a local ulamā body there?
And Allah Ta’āla Knows Best
Hanif Yusuf Patel
Student Darul Iftaa
Checked and Approved by,
Mufti Ebrahim Desai.
The Ask Our Imam site hopes to respond to queries relating to Islamic law. It is not an Islamic Law Shari`ah Court. The questions and answers found on this website are for educational purposes. However, many of the rulings rendered here are distinct to the specific scenario and thus should be read in conjunction with the question and not taken as a basis to establish a verdict in another situation or environment. This site bears no responsibility in these responses being used out of their intended context, nor to any party who may or may not follow the responses given and is being hereby exempted from loss or damage howsoever caused. None of the responses rendered may be used as evidence in any Court of Law without prior written consent of Our Imam. Any reference to another website or link provided in our responses or article should not be taken as an endorsement of all the content on that website; in fact, it is restricted to the particular material being cited.
Posted in Nikah & Talaq (Marriage & Divorce) on 19th Mar 2016 by Our Imam | 759 Views