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 (Shariah council) 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

Darul Fiqh Team