On Sun, Jul 7, 2013 at 7:54 AM, Iqbal Shaikh <shaikh.iqbal9999@yahoo.com> wrote:
Can you please elaborate on the rulings regarding the annulment of a marriage?
Posted on December 21, 2011 by Mufti Faraz al-Mahmudi
Question:
Can you please elaborate on the rulings regarding the annulment of a marriage?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu 'alaykum wa-rahmatullāhi wa-barakātuh.
At the outset, we wish to point out that the dissolution of a marriage by means of faskh (annulment) is a very sensitive and delicate affair. A faskh is governed by a stringent protocol.
In all cases involving faskh (annulment), we adhere to the guidelines mentioned in the book al-Hīla al-Nājizah of Hadhrat Maulana Ashraf Ali Thanwi rahimahullah.
Due to the sensitivity of the issue, it is of utmost importance to exercise caution in determining the validity of a faskh (annulment).
Hakīm al-ummah Maulana Ashraf Ali Thanwi rahimahullah exercised extreme precaution even in the compilation of al-Hīla al-Nājizah. He even consulted the Malikī ῾ūlamā' repeatedly on the issue.
In general, both spouses must be given the opportunity to respond to a judicial hearing.[i] A judicial committee (panchāyat) cannot annul the marriage unilaterally. However if the husband does not co-operate in the judicial process, the judicial committee will have the discretion to rule for an annulment of the marriage.[ii]
If there is a total breakdown in the marriage and irreversible differences, then there are grounds for an annulment according to the Maliki ῾ulamā'. The rulings regarding shiqāq (marital discord) are known to the ῾ulamā'.
Generally, if the couple are not getting along and all efforts have been made for reconciliation, then the husband should adhere to the injunctions of the Qur῾ān and release his wife in a good manner. Failure to do so will only result in further dissension and violation of the rights of the husband and wife.
Please note this is a general response without being specific to the case in reference.
And Allah Ta'āla Knows Best
Mufti Faraz Ibn Adam al-Mahmudi
- See more at: http://darulfiqh.com/can-you-please-elaborate-on-the-rulings-regarding-the-annulment-of-a-marriage/#sthash.XMi6XR3j.dpuf__._,_.___
Reply via web post Reply to sender Reply to group Start a New Topic Messages in this topic (1) 
.
__,_._,___
Need Your Comments.....!
For University of Pakistan Study Material Sharing, Discussion, etc, Come and join us at http://4e542a34.linkbucks.com
You received this message because you are subscribed to the Google
Groups "Study" group.
To post to this group, send email to http://ca13054d.tinylinks.co
For more options, visit this group at
http://004bbb67.any.gs
No comments:
Post a Comment