Question:

A sister is being abused in her marriage. She wishes to come out of the nikah. What are her options?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Divorce is the right of the husband, hence it cannot be initiated by the wife. However, in case of such situations there is an option for either Khula’ or Tanseekh un Nikah.

Khula’ is where the wife requests a divorce by submitting her mahr to the husband. Although she can initiate this process, the right to refuse remains by the husband.

The other option is to annul (make faskh/Tanseekh un Nikah) the nikah. In this too, the wife cannot do so by her own. She must approach a panel of Ulama, or Shariah Court if there is any. She will then file for Tanseekh with the panel. The Ulama group will review her plea and see if there is merit in her claim. They will try for resolution and if the resolution is impossible then they will deliberate on the tanseekh. If the panel of Ulama annuls the marriage, then the nikah will not longer remain and the wife will have to sit for iddah. She may marry again after her iddah is finished.

And Allah Ta’āla Knows Best

Mufti Faisal bin Abdul Hameed al-Mahmudi
www.fatwa.ca