Source: http://qa.muftisays.com/?8262
Question ID: #8262
 
Question: Fashk Nikah
Assalamu Alaikum
I have a question in regards to obtaining faskh Nikah.
I am separated from My husband for over 5years-and he refuses to give Talaq or Khula or even civil divorce and I was advised to go through Shariah Council for Faskh as he is not co operating.
However I am being told different opinions some say Faskh Nikah obtained through Council will not be valid as they are many operating providing services of Faskh and taking a large amount if money and it is just a money making scheme and only if husband signs the papers then the nikah is terminated.
Please can I have any reference to this and whether it is permissible to obtain Faskh through reputable council and the validity of it as this is the only option I have after trying to mediate through family.
Jazakallah Khair

 
 
Answered by: Ulamaa ID 04 (London)
Date: 25/03/2023 23:42pm

بسم الله الرحمن الرحيم

الجواب حامداومصليا

If husband is not willing to give divorce or accept Khula’ then you can present the case to a Shariah council who can issue an annulment of Nikah.

And Allah knows best

03 Ramadan 1444/ 25 March 2023


Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com