Divergent Juristic Views on the Grounds for Faskh al-Nikāḥ: A Critical Study

فسخِ نکاح کے مختلف فیہ اسباب:نقد ونظر

Abstract

This article presents a critical and analytical study of the disputed grounds for Faskh al-Nikāḥ (judicial dissolution of marriage) in Islamic jurisprudence. Marriage in Islam is regarded as a strong and stable social institution intended to promote tranquility, affection, and cooperation between spouses. However, certain circumstances may arise in marital life in which maintaining the marital relationship becomes difficult or even impossible. In such situations, Islamic law provides balanced mechanisms for the dissolution of marriage, one of which is judicial annulment (faskh). The study specifically examines those grounds for dissolution that have been the subject of juristic disagreement among the classical schools of Islamic law. These include non-payment of maintenance, physical and mental illnesses, cruelty or harm inflicted by the husband, the need to avoid sinful circumstances, the disappearance or prolonged absence of the husband, long-term imprisonment, and abandonment of marital relations. The opinions of the four major Sunni schools, Ḥanafī, Mālikī, Shafi‘ī, and Ḥanbalī, are comparatively analyzed, along with the evidence and juristic principles that underpin their respective positions. The article further highlights that the diversity and flexibility within Islamic jurisprudence provide valuable resources for addressing contemporary legal and social challenges. In light of modern social and medical realities, adopting juristic opinions that align with justice, prevention of harm and the higher objectives (maqāṣid) of Sharīʻah appears more appropriate. Thus, Islamic law offers comprehensive legal and ethical guidance for promoting justice and balance within society.