Validity of Faskh Judicial Annulment of Nikāḥ Islamic Marriage due to Shiqāq Marital Discord and its 21st Century Application

Khalid Shah

Article Details

Validity of Faskh Judicial Annulment of Nikāḥ Islamic Marriage due to Shiqāq Marital Discord and its 21st Century Application

Authors:

Khalid Shah

Publisher:

ISRA Academy

Journal:

Australian Journal of Islamic Studies Vol.10 Issue 1, pp.41-65

Document Type:

Article

Publication Date:

5/2025

Document Language:

English

Document ID (Org No.):

2001948084

pISSN:

2207-4414

Keywords:

Abstract:

 Nikāḥ or an Islamic marriage can end due to many reasons. This paper analyses rulings, evidence, principles of faskh (Islamic judicial annulment of marriage) due to shiqāq (marital discord) and its procedures. First, thorough definitions are established for concepts such as shiqāq and faskh, along with an introduction to an ideal Islamic marriage, and the laws according to which a qāḍī or Muslim judge operates. Modern applications of faskh are compared by examining the faskh legal procedures of five Muslim countries – Jordan, Morrocco, Kuwait, Qaṭar and Malaysia – and one Muslim minority country – India – and the procedures set by its peak body on Muslim personal law, i.e. the All-India Muslim Personal Law Board. All codes are derived from the four canonical legal schools of thought of Sunni Islam, i.e. Ḥanafī, Mālikī, Shāfiʿī and Ḥanbalī. These provide a sufficient cross-section of the Muslim world for the on-the-ground reality and judicial operating procedures of how shiqāq is dealt with by judges. It was discovered that the Mālikī madhhab was chosen unanimously by all the legal codes as it provides the greatest recourse for women in bad marriages.

Article Details

Validity of Faskh Judicial Annulment of Nikāḥ Islamic Marriage due to Shiqāq Marital Discord and its 21st Century Application

Authors:

Khalid Shah

Publisher:

ISRA Academy

Journal:

Australian Journal of Islamic Studies Vol.10 Issue 1, pp.41-65

Document Type:

Article

Publication Date:

5/2025

Document Language:

English

Document ID (Org No.):

2001948084

pISSN:

2207-4414

Nikāḥ (Islamic Marriage)

Qaḍā (Islamic judiciary)

Shiqāq (Marital Discord)

Faskh (Judicial Annulment)

Islamic Family (Personal) Law

Taḥkīm (Arbitration)

Issues

Article Details

Validity of Faskh Judicial Annulment of Nikāḥ Islamic Marriage due to Shiqāq Marital Discord and its 21st Century Application

Authors: Khalid Shah

Publisher: ISRA Academy

Journal: Australian Journal of Islamic Studies Vol.10 Issue 1, pp.41-65

Document Type: Article

Publication Date: 5/2025

Document Language: English

Document ID (Org No.): 2001948084

pISSN: 2207-4414

Nikāḥ (Islamic Marriage)

Qaḍā (Islamic judiciary)

Shiqāq (Marital Discord)

Faskh (Judicial Annulment)

Islamic Family (Personal) Law

Taḥkīm (Arbitration)

Issues

Authors:

Khalid Shah

Publisher:

ISRA Academy

Journal:

Australian Journal of Islamic Studies Vol.10 Issue 1, pp.41-65

Document Type:

Article

Publication Date:

5/2025

Document Language:

English

Document ID (Org No.):

2001948084

pISSN:

2207-4414