Faskh

UAE court annulling the nikaah

Q: My wife went to UAE by telling me that she needs to deliver some papers to her relative and within 1 month or 45 days she will return back, but four months passed and she didn't return. So I went to bring her back, she refused to return to India. Now since 2009 October/November till today she is not willing to return India even though we both are Indians and she use to insist on me that we will live in UAE only. But she don't want to understand the difference between local and outsider. In 27 December 2014 she told me she needs divorce because she don't want to go to India and after one day 28 December she used very filthy language to me and even she said if I am the son of my father, then I must hit her. As a result I slapped he once. Suddenly she called the police. I found it was already planned as her mother and sister also live with us. She filed in mahkuma Sharaya, alain. They asked me, I said  I slapped her because she used filthy language and also spit on me and put scratches on my neck. The reports were there with the police, but to my surprise the judge gave her talaq instead of me. I never gave her talaaq. Now what is the state of my married life? Is it correct that a judge can give talaaq in the presence of her husband? Kindly reply me according to Ahaadith and Sunnah.

Annuling the nikaah

Q: I would like to know if husband and wife have gone to the MJC. The wife wanted a faskh but the husband didn't want. The MJC didn't grant one because there wasn't grounds for a faskh, but has requested that the husband and wife meet again at the MJC to discuss the way forward. My question is, can the wife go behind his back to another Imam or Sheikh and get a faskh without the husband even knowing about it or being notified. I have heard that there are some Imams that will simply issue a faskh based on the wifes story and not even bother to notify the husband. Is this valid?

Applying for faskh

Q: One month ago I moved out of the marital house and moved back to parents, before I left I told my husband that I am going to speak to my parents and inform them that the marriage is over and I suggest he does the same, we were living with his parents, for years we were living an unhappy life, constantly arguing, him verbally and emotionally abusing me and not nafakaing me.

1. Am I living an unislamic life by living with my parents during the process of me applying for a faskh?

2. Do I have valid grounds for ending the marriage due to him not nafakaing me and constantly verbally abusing me?

3. Is there an idaa period if I apply for faskh and when does my idea period start?

Being separated from one's husband for ten years

Q: My sister has not lived with her husband for almost 10 years now. She has nothing to do with him as husband and wife, she feels nothing for him as her husband. She got married  in Pakistan, but she lives in Denmark. She has been divorced in the Danish paper, but he has not signed, and according to Danish law they are not husband and wife any more , but her ex-husband denies , and admits that she is still his wife. How are the rules for a woman if she wants to be divorced?

Faskh of nikaah

Q: I received my faskh via a Moulana and did not go through the shariah court or our MJC. The moulana confirmed that I have grounds for my faskh as I advised that my husband does not fully support me and the children and makes more time for his friends. He also spends weekends at his parents house without me and the kids. The moulana only confirmed this with my husband and then provided my annulment certificate in the same week. I heard on the radio that a faskh will not be valid by any Imam or moulana as it must go through the Muslim judicial counsel. Is this necessary? Is my faskh valid and is it compulsory for me to go for counselling first?

Is Faskh of Nikaah based on Ijma'

Q: Am I correct in understanding that Fasakh as understood by the Ahlus Sunnah wal Jamah is based on the ijma practice of the Sahaba (Radiyallahu Anhu)? Mufti I am very staunch that we follow orthodox Fiqh and I am not seeking to cause problems, instead I am trying to defend particularly the Shafi mazhab against people who argue that they can make ijtihad and grant a fasakh as equal to a Talaq (i.e. without any conditions at all).

And as much as all sunni Ulama reject this assertion of theirs I would like to understand what the Sunni view is based on, please.