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Posted by: TheMajlis
The Procedure for Annulment
Muta-annit
is a recalcitrant hus- band. He maliciously denies the marital rights of
his wife. He nei- ther supports her financially no fulfils her conjugal rights.
Despite his delib- erate denial of the rights of his wife, he spitefully
refuses to issue Talaaq, his intention being only to ‘punish’ her— to
make her suffer.
Such recalcitrant husbands labour under the misconception of them hav- ing the
right and power of causing un- justified takleef (hardship) to their wives by
withholding Talaaq. The Shariah dispels this fallacious notion. It provides for
the suffering woman a way out of the imposed malicious hardship.
When a wife finds herself in such a situation, and she has resolved to have
the Nikah terminated, the first step is for her to endeavour to settle the
issue by way of Khula’. Khula’ is a mutual agreement between husband and
wife by which she pays him a sum of money in exchange for Talaaq. If the man
ac-cepts her Khula’ proposal, it is the best and swiftest option in the
circum- stances.
However, if the husband refuses the Khula’ proposal, it cannot be imposed on him. But, the wife has the option of proceeding
with the attempt to gain her release from the Nikah. She is required to submit
an application for annulment of her Nikah to the Shar’i Committee
(Panchaayat), stating the grounds for her application.
The Shar’i Committee has to in- cumbently institute thorough investiga-
tions. Testimony of the husband will be heard. He will be summoned to ap- pear
at the hearing on a fixed date. If he refuses to respond to the summons or fails
to make an appearance for no valid reason or he reacts indifferently, the task
of the Shar’i Committee is ren-dered easier.
A husband who believes that refusal to co-operate with the Shar’i Commit-
tee will block the application dwells in a misunderstanding which will prejudice
only himself. The Committee will proceed with its deliberations and if satisfied
with the claim of the woman, the Nikah will be forthwith annulled in the absence
of the recalci- trant man. It is, therefore, in the inter- ests of the husband
to fully co-operate with the Shar’i Committee.
TALAAQ
If he appears at the hearing and the
truth of the woman’s claim is con- firmed by investigation and Shar’i
evi- dence, the husband will be ordered to either honour and fulfil the rights
of his wife or issue Talaaq. If he refuses, the Shar’i Committee will
annul the mar- riage.
After observing Iddat of Talaaq, she will be free to marry another man
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