Faskh

Q: please help my Islamic understanding of this, I have been married for 9 years when my wife informed me on the Sunday evening that she has decided to return to her mothers house and the marriage was over. I told her she should stay home or could go to her parents (temporarily) but to please attempt to reconcile the marriage. After she left the next day she and her family refused any attempt at reconciliation (except for three sessions with a psychologist where again she simply stated the marriage is finished and there was nothing to discuss)  

I would like clarity on FASAKH or annulment granted by Imam Wahab of the Majlisushura Al Islami and request  Islamic guidance regarding custody of my three year old son

The fasakh was given on the 03 May 2008, on the basis of the ‘emotional state’ of my wife

Q: I am in a dilemma. My parents used to have problems. In 2009 my mums dad passed away so my mum went for the burial and thereafter decided to stay at her own mums house. Since then she hasn't met my dad. She wanted a divorce which my dad isn't ready to give, so she applied for khula. Our community is helping in this but they are very slow. She works at her dad's shop, so another man has liked her. Because our community is very slow, this man went to the qadhi and made him sign the divorce papers and the qadhi even performed their nikah but my dad doesn't know about this and there was no wali at the time of nikah. Both my mum and that man sit and talk. Please explain if this is halaal or not? 

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.