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Various ways to end a marraige in Islam

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#1 [Permalink] Posted on 10th August 2010 12:11
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#2 [Permalink] Posted on 10th August 2010 12:15

Question Expanded:

http:// http://www.askimam.org/fatwa/fatwa.php?askid=0628880817cdbcc42ba2063cc06a9180

I would like to understand the various ways in which marriage can be ended in Islam and my humble understanding so far is that it can occur in three (3) main ways:

1) Talaq: This is the exclusive domain of the husband and ONLY the husband has the right to issue a Talaq (divorce).

http://www.central-mosque.com/fiqh/hdivorce1.htm

2) Khul: However, in the case where the husband refuses to issue a divorce, the wife may persuade the husband to enter into an agreement of Khul’ (a release for payment from the wife). The wife may also opt to forgive the husband from paying her dowry (mahr).

http://www.central-mosque.com/fiqh/khula.htm

3) Faskh of Nikah: An Islamic Shariah council of Ulema to consider annulling nikah. The Judicial Committee will follow the rules of faskh-e-nikah (annulment of nikah) to consider the application and issue a decree accordingly.

http://www.mahmoodiyah.org.za/faq210.htm

  1. Question 1: Are these the three (3) primary ways of ending a marriage in Islam?
  2. Question 2: What are the Shariah approved circumstances where a woman can ask for “Khul”?
  3. Question 3:What are the Shariah approved circumstances where a "Faskh" can occur i.e. Ulama on an Islamic Shariah board can nullify the Nikah, depsite the husband refusing to issue Talaq or enter into a "Khul" agreement?
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#3 [Permalink] Posted on 3rd November 2011 04:11
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#4 [Permalink] Posted on 3rd November 2011 08:14
Please post questions such as the ones posed in this topic to the Ulamaa. Or click here for a vast library on islamqa.org. Alternatively, you can get support locating available answers online in the Q&A Support section of this form here
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#5 [Permalink] Posted on 3rd November 2011 10:11
A very long time ago, I heard something very strange at the time, that a woman could put forward certain valid conditions of before Nikah and the Husband to be, must sign it in front of the witnesses and if he goes against these conditions, then the wife can end the marriage.

Of course these conditions can not be silly things, rather condiotions that are valid and Halal, eg. If he neglects the Shariah by not praying or fasting etc. The choice of leaving the marriage is then in her hands. It is then upto her if and when she wants to leave him.

It is also advised that a time limit is not set if the conditions are not met, otherwise the marriage will become null and void.

(Ref; Fiqh of Marriage. Although Mufti Muhammad ibn Adam said that there should be a seperate course on The Fiqh of Divorce)
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