The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 21 No 09, p.5

A new organization in Mitchell's plain (Cape Town) has annulled my Nikah without having called me to attend the hearing to decide my wife's applicatio

Question

A new organization in Mitchell's plain (Cape Town) has annulled my Nikah without having called me to attend the hearing to decide my wife's application for Faskh (annulment). The MJC does not recognize the organization as a valid entity to issue Faskh. What am I now supposed to do?

Answer

If you were not summoned by the organization to attend the hearing, then obviously the faskh issued is not valid. In that case your Nikah is still valid, and your wife cannot get married to anyone else. It is not sufficient for the MJC to say that it does not recognize the other body. It is its duty to examine the procedure adopted by the entity which had issued the faskh. If it finds that the procedure was in conflict with the Shariah, then they (the MJC) should issue a statement to the effect and make it known to your wife that she is still in your Nikah.

Perhaps the reason why the MJC is silent on the issue is their lack of understanding Fiqhi issues. The MJC fellows lack in this dimension. On issues they blow a lot of hot air which stinks, but they lack understanding in Fiqh, hence you will find them perennially talking bunkum on issues of a jurisprudential nature.

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Published in
The Majlis Vol 21 No 09
PDF page
5

Appears under NIKAH ANNULMENT (approximate).

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