Question
(#254)
Country : New Zealand
If your wife wants to leave you but you want to fix the marriage, can she have the marriage annulled? If the husband grants Khula can he stipulate what the wife needs to pay back or is it just limited to the mahr? If the wife wants to pursue annulment without the husband’s consent, can an just a imam, marriage celebrant or sheikh annul the marriage against the wishes of the husband?
Answer
بسم الله الرحمن الرحيم
السلام عليكم و رحمة الله و بركاته
حامدا و مصليا و مسلما
Muhtaram
We have received your query regarding Faskh-un-Nikah and Khula, our response is as follows:
- Whenever an altercation occurs between spouses then the first step is reconciliation. If there is no hopes of reconciliation then other avenues should be sought.
- If the husband is at fault then no remuneration should be sought, if the wife is at fault or both husband and wife are at fault then the husband can take back the amount which he had given as Mahr . To take more than this is not preferred.[1]
- In the case wherein reconciliation is not possible (and the husband is not willing to divorce the wife) and there exists valid grounds of Faskh, then the Nikah may be annulled.
And Allah Ta’ala knows best
Answered by:
Muhammad Irshad Motara
29th Safr 1447
24th August 2025
[1] أحسن الفتاوى: ص ٣٧٨، ج ٥
