Marriage

My husband was in extreme anger and not thinking straight when he uttered the words, “talaq” three times. Is this a valid divorce?

Published on: May 30, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. Whether one is extremely angry, under the influence of any substance or indeed black magic, the utterance of divorce is valid and one is responsible for their actions. Therefore, I can deduce, that your now ex-husband was clearly consci[...]

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My husband did not mean to say, “talaq” three times. He has had black magic done on him. Am I divorced?

Published on: May 30, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. Whether one is extremely angry, under the influence of any substance or indeed black magic, the utterance of divorce is valid and one is responsible for their actions. Therefore, I can deduce, that your now ex-husband was clearly consci[...]

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I have a Decree Absolute. Is that enough for me to remarry Islamically?

Published on: May 30, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. Though you may have been granted a Civil Divorce and have a Decree Absolute, Islamically, you will need a valid certificate of divorce to anull your marriage, which is the exclusive right of a Qadhi. A Decree Absolute alone, does not co[...]

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Can the wife obtain a Khula without the husband’s consent?

Published on: November 15, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. No. Khula according to all schools of Islamic law can only be obtained by the woman with the consent of her husband. However, the marriage may be dissolved by Faskh of Nikah which can be decreed by the LFC even if the husband does &hell[...]

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What is a ‘Khula’?

Published on: November 15, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. ‘Khula’ is the ending of the marriage (Nikah) whereby the husband consents to the request of the wife to release her from the marriage contract in return for the dowry or some other remuneration to be given to the husband. A[...]

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What is meant by Faskh or Faskh of Nikah?

Published on: November 15, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. Faskh or Faskh of Nikah means the dissolving of a Nikah contract by the decree of the Qadhi (Muslim judge) or an Islamic Council, where sufficient grounds for the decree exist according to Islamic Law. And Allah(swt) alone knows best.[...]

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For what reasons is a wife permitted to seek the dissolution of her Nikah through an Islamic Council?

Published on: November 15, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. Islam has given a woman the right to seek the dissolution (Faskh) of her Nikah on the basis of valid grounds, as outlined in the books of jurisprudence. It would be necessary to seek the consultation of an experienced and qualified Isl[...]

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Can a woman seek a Faskh of Nikah without the grounds for such a Faskh being present as stipulated by Islamic law?

Published on: November 15, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. It should be clear that a Sharia Council cannot decree a Faskh of Nikah where the Islamically defined grounds for Faskh are not present. Any Nikah thus dissolved will remain intact. A wife who does not have Islamic grounds for Faskh, bu[...]

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What is the first step for a woman seeking the dissolution of her Nikah by way of Faskh?

Published on: November 15, 2018

The Answer; In the name of Allah, Most Gracious, Most Merciful. Those who seek London Fatwa Council’s services in relation to seeking the dissolution of a Nikah will need to fill in the online divorce form here. And Allah(swt) alone knows best.[...]

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