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, but still wishes to separate from her husband, may seek Talaq or Khula.

And Allah(swt) alone knows best.