faskh

Faskh

Q: My brother in laws daughter was married for the last 2 years. Her husband started ill treating her, demanding money from her parents and beating her. He also drinks and misbehaves. We tried to conceal him and send our daughter back twice. They started living separate for more than one year but again he started the same thing. Now his brother and parents are also involved in torturing her. We went to a local mufti saheb and asked for a fasak nikah. They have a saharia council. They tried calling the boy for reconcilation and they even sent the letters. They called him on the phone but he never attended and avoided to meet with them. After three attempts of sending letters, they called the girl and questioned her for the reason for asking for the divorce/fasak, and they pronounced their view and decided to issue the fasak nikah. The question is, other muftis are saying that this is not valid, because they do not accept these people as muftis. They are telling/forcing us to go to their known muftis for this purpose. If every mufti goes on telling that he does not recognise the other mufti then how can a normal Muslim live with this type of Islamic leaders. Please issue a fatwa for what is right or wrong.

Faskh

Q: Me and my husband were living in U.K. I got divorced from him because of continuous arguments through the court of Pakistan. The court sent him a letter to inform him about the case and he received it but didn't hire any solicitor there. I got divorced from him after a few months but he never signed any letter neither said that he is giving me divorce. After two weeks of getting the divorce I got married with another person and I had nikah with him only for a month and I got divorced from him as well. Now I'm back in U.K and my first husband is claiming that I'm still his wife because he never divorced me and I asked through court but with false allegations that's why my second nikah and divorce doesn't count but actually considered as zina. Please clarify this issue I'm so confused.

Applying for faskh

Q: My husband has issued his first wife with three talaaqs years ago but still continued living with her as a married couple. When we got married last year she requested him to give her talaaq again which he gave her three talaaqs again. After three months, he issued her again with six talaaqs which she refused to accept. Husband ask me not to tell anyone that he has irrevocably divorced her and claims he only wants to care for her. Husband then left me in august while I was pregnant had me thrown out of rental home. Didn't bother finding out where I'm staying nothing. Accuse me of having affair, but was living with his ex-wife and even paying the bond of her house. He took back the car he bought me and allowed her to drive it. Took her on holidays etc. but refuses to set me free. I have consulted with three muftis and was told he doing a injustice upon me and my child who was born two months ago. Currently all his assets his house policies business she will inherited because he hasn't change his will. Islamically he knows what he is doing is against Allah Ta'ala's law but he doesn't seem to care. A mufti has spoken to him. He said he will rectify his wrongs but he hasn't. Will it be a sin upon me if I apply for a faskh because I cannot be involved in him committing zinah and pretending its okay. Also his ex is very abusive towards me and has always been and he allows it. She has even stated that he says my son is not his. Please advise.

Reuniting after a faskh

Q: My question is twofold: 1) Can I retain my wife in a marriage wherein she claims that I have not been emotionally supportive of her and she is unhappy, yet I feel I want to work on the issues (especially since we have 3 children to consider)? 2) We have already divorced twice (2 talaqs) and knowing that after the 3rd talaq we cannot reconcile without first marrying other people - what if she had to pursue a Fasakh (annulment) which is then granted, can we perhaps still re-marry after that?