Faskh of nikaah

Q: In shariah law there is a system called Faskh e Nikah which allows a woman who is abused in a marital relationship and has legitimate reasons to end the marriage can do so through a judicial decree without consent of her husband. 

I would like to know is this system proven from Quran, Sunnah and Hadith? 

Secondly, what are the legitimate reasons that will allow a Muslim woman to exercise her right to annul the marriage through this system ?

A: The Fuqahaa have extracted these laws from the Quraan Majeed, Sunnah and verdicts of the Sahaabah. 

Explain your situation to us so that we can inform you of the Sharee ruling.

And Allah Ta'ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)