Fask of nikaah

Q: Kindly study the following scenario and advise whether the wife’s claims constitute valid grounds for Faskh or not.

The wife claims that during her fourteen years of marriage her sexual needs have not been fulfilled. She argues that despite engaging in intercourse with her husband, he leaves her unsatisfied having fully exercised his sexual right. The husband does not suffer from any ailments, but does not attend to her satisfaction after ejaculation. The husband feels that he is fulfilling her right by merely engaging in intercourse with her and that he is not obliged to fully satisfy her. She has made numerous attempts to resolve the issue, but to no avail. She claims that her sexual rights have not been fulfilled, and now fears committing Zina or engaging in other lewd acts. The husband’s behaviour has led to extreme levels of frustration due to which she suffers emotionally and due to which the marriage has broken down.

A senior Alim of our department was previously involved in the resolution of a similar case. In this instance, the wife, who is a Hafizah and observes full Hijaab confessed to committing Zinaa on more than one occasion due to a similar problem faced by the woman in scenario number one.

We are aware that according to the common laws of Faskh such a claim does not constitute valid grounds for the annulment of Nikah since the husband does not suffer from impotency or other sexual health related diseases. However, in view of the severe repercussions that may arise from the husband’s behaviour and considering the appalling state of our communities, can such a claim, if genuine and proven be considered as valid grounds for Faskh?

Your esteemed response will be very much appreciated.

Marital problems and custody of children

Q: I am seriously contemplating a divorce as I am no longer interested in the marriage, it has had a major share of issues and I have also been advised to let go. The worst part is that everybody from my family knows my husband to be a liar and although he is an Aalim, the behavior which he has shown to a prominent Aalim is disgusting. The only problem that I have is my 2 kids. I will look after them, but I'm worried about their future. Please advise as its hard for children that have a broken home.

Last Hadith of Bukhari Shareef

Q: A person asked the question, in the final hadeeth of bukhaari it says "kalimataani habeebataani...", so he wants to know if there's any special reason and purpose why "two words" was mentioned, and not 1 or 3+ words? I was unable to give an answer, can Mufti shed some light on it?

Halaalah

Q: Respected mufti saheb this question is very urgent as the couple are about to engage in this action. Under what conditions is it permissible to engage in Halaala?