Question
A molvi/sheikh granted a woman a faskh without there having been a hearing. The husband was not called to a hearing. Is the faskh valid?
Answer
The 'faskh' granted without following the proper Shar'i process is not valid. It is necessary for the husband to be called to the hearing. Issuing a 'faskh' merely on the basis of what the wife says is not valid. The nikah remains valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 28 No 04
- PDF page
- 9
Appears under ZULM AND JAHL OF TABLIGHIS (approximate).