Fatwa: # 13854
Category: Marriage
Country: Pakistan
Date: 31st January 2006

Title

I married a woman who got separation from her husband through court i.e. marriage annuled (Tansikh-e-Nikah).

Question

I married a woman who got separation from her husband through court i.e. marriage annuled (Tansikh-e-Nikah).

She filed a case in the court against her husband who used to beat him and threatened to even kill his son (which was his own son).  The women tried to patch up with the man but could not succeed and as a last resort filed a case in the court for Tansikh-e-Nikah in Pakistan.  The family court in Pakistan after proper hearing issued decree in favour of woman and annuled the marriage.  After completing Editat, she married with me.  Is this Tansikh-e-Nikah valid in Islamic law, keeping in mind that the court is a muslim family court in Pakistan and judges are Muslim and her marrying after Edit with me is as per Islamic rule acceptable.  Thanks for your prompt response.

Answer

In principle, if a wife does not want to continue her marriage due to a valid reason in Shari’ah, and her husband refuses to issue her a divorce, then she may present her matter to the local Ulama body and request for annulment of her marriage. If the Ulama follow and apply the procedures of annulment correctly, then their decree of annulment will be valid. Your Nikah to the woman after her Iddah will also be valid.

We are unable to comment on the validity of your annulment as we do not know what procedure was adopted.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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