Faskh

Q: Does Islam allow a Muslim woman to get her nikah annulled from an Islamic court without her husband's consent and when the man is refusing in the situations mentioned as under?

Her husband is an ill intentioned and greedy person who also emotionally blackmails his wife and in laws to grant him co ownership of an asset which the family gifted to their daughter.

After getting married, the woman got to know her husband is actually a homosexual with no interest in women. He married his wife out of societal pressure. 

Before getting married, the man deceived the woman and her family about his social status claiming to possess a good job when in reality his situation was very different. Had the girl known the truth she would not have married him. 

The man has two wives but does not deal with them equitably. prefers one over the other in terms of time allocation and material provisions, neither is he willing to change himself.

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 ?

Q: I have applied for faskh (annulment of nikaah) and I want to ask two things regarding this:

1. When the faskh is complete, do I need to return my mahr?

2. Does there need to be a division of assets?

Q: I am 29 years old. Me and wife have been married for 3 years. She does not like having sex with me or having any kind of intimate relationship. This leads to a lot of frustration for me. We do not fight about this because I try to be as understanding as possible but sometimes I feel really pathetic when I think about this issue between us. We have finally decided to go ahead with a divorce and will be speaking to our parents soon. I just need to know if lack of sex is a valid reason for divorce in Islam?

Q: My wife was granted a faskh and now she is in iddah but we still have sex. Is the faskh still valid?

Q: I had faskh done on the 27th January 2019. My haidh started on the 23rd January to 3rd February 2019. Will this haidh be included as one haidh for iddat?

Q: I would just like to enquire if a fasakh is granted based upon a lie, is it valid?

Q: What is the proof from Quraan and/or sunnah for the annulment of a marriage by the Islamic authorities?

Q: My husband (hanafi) was previously married to a shafi girl from a certain town. Things never worked out due to family influence on her side and she went back to her home town. She approached the ulama in her town for help and the ulama sent my husband a letter stating that he has to attend a meeting at a given date and time. My husband never attended the meeting nor answered the calls from her or from the Ulama. Thereafter he received another letter stating that his then wife is requesting for a faskh with a request for another meeting. My husband never attended that meeting as well. He received another letter stating that the faskh went through and that he must go to sign the necessary documents, but never done so.

4 Months after the fasigh went through he proposed to me and we got married 3 months there after, alhamdulillah. Now a few weeks ago, the matter came about, suggesting that he is still married to his first wife.

Regarding the given situation above I need advice on the following:

- Is he still married to her?

- If he is, what steps should he take?

- What are my rights? (At the time of the proposal I never knew he got "divorced" and when he proposed I said that I cannot be a second wife.) 

Q: I have been married for almost 10 years. I have 2 wonderful boys. My husband was a recovering addict when we got married, with my 1st pregnancy he relapsed and since then it's been rehab in and out. He has been in and out of work also. Recently he was detained, I have however helped him through all this because I love him. I'm so tired of this uneasy marriage as happiness only last for so long. His addiction is affecting the kids especially my eldest of 9yrs old... Is it wrong of me to want to walk away from this marriage? He keeps on promising that it's the last but then he ends up disappearing for days and I'm not even sure if he has someone else in his life. He disappeared again on Saturday evening and this time around took my wedding bans probably to sell it.

Can I asked for Faskh? I have tried to hold on to this marriage but I cannot endure all this hardship, sleepless nights and stress. I'm emotionally drained.