Question
I seek guidance regarding a complaint I have against an organisation here in Cape Town. The organization was approached on 28 June 2023 by my wife who applied for a fasakh. Two Maulanas had a meeting with her. Her concerns were documented. I was contacted on the afternoon of the 28th June 2023. I was requested to meet with them and provide my version of the truth on the 3rd July 2023 at 17h00. On the 3rd July 2023, I met with one of the members. He was the only person present. The other person, a Mufti, only arrived at 18h00 as he was under the impression the meeting was scheduled for 18h00. Nevertheless, the Maulana proceeded to continue with the meeting despite no other individuals of the panel not being there in attendance and advised that his decision was final. At the outset of the meeting, after hearing what she had to say, he stated clearly that based on what my wife has provided, there are no grounds for fasakh and proceeded to allow me to speak. I started off with the meeting by stating clearly that my intent is to try and resolve the issues within our marriage and my willingness to do all that is necessary to restore our marriage. After the scheduled meeting time ended, the Moulana made a comment saying "everything i said is what she said". I was informed that the matter would be referred to the panel of Ulama. Names were mentioned of the Ulama on the panel. I requested to have a meeting with the panel as he himself admitted that the basis didn't have any grounds for Fasakh. However, my request was ignored. I thereafter repeatedly requested the panel members' contact details, but he refused to provide me with any information. On the 27th July 2023, I was sent an email by my wife informing me that the fasakh was granted and I requested a copy of the certificate. I sent a whatsapp message on the same day asking on which basis was this granted. My message did not reach him as he has blocked me. I called the Moulana and then asked telephonically for feedback to which he responded that it was on the basis of physical and mental abuse.
Answer
Purely on the basis of your explanation, we can say that the 'faskh' is not valid. However, our advice in such cases is that the husband should of his own accord issue Talaaq. If the woman is not prepared to live with her husband, and if she is compelled to remain with him, she cannot be trusted. She will most certainly commit infidelity. How can a man live with a woman who abhors him? In almost all such cases, she will commit zina. Withholding Talaaq out of spite and on the basis of the false notion of punishing the woman is to cut off one's nose to spite one's face. There is nowadays no Taqwa – no fear for Allah Ta'ala – to deter people from zina.
You are therefore flogging a dead horse. Issue Talaaq. Let her go her way. Allah Ta'ala will grant you a better wife on whose fidelity you could rely.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 01
- PDF page
- 9
Appears under Questions and Answers AN INVALID FASKH (approximate).