Muta-annit refers to a husband who spitefully, without valid Shar'i grounds refuses to support/ maintain his wife and/or refuses to fulfil her conjugal rights.
THE SHAR'I PROCEDURE FOR A WIFE TO GAIN FREEDOM FROM HER MUTA-ANNIT HUSBAND
(i) The wife should first endeavour to obtain freedom from her husband by means of transacting a Khula' deal with him. (Khula' is the obtainal of Talaaq from the husband in lieu of a payment of money, etc. to him. Khula' can be effected only by mutual agreement of the husband and wife).
(ii) If the Muta-annit husband refuses to release his wife from his Nikah voluntarily or by means of Khula', the wife has the right to apply for annulment of her marriage. She may exercise this right in two instances as follows:
(a) She has no means of maintaining herself.
(b) Although she has ways and means of financially supporting herself, there exists the grave danger of her involvement in sin and adultery due to denial of her conjugal rights.
WHAT THE WIFE WHO DESIRES ANNULMENT OF HER NIKAH SHOULD DO
(1) The wife should lodge a formal application for annulment with the Qaadhi, Shar'i Committee or Ulama Organization.
(2) She should furnish in detail the reasons for her application.
THE PROCEDURE THE QAADHI / SHAR'1 COMMITTEE / ULAMA ORGANIZATION WILL ADOPT
(1) The relevant Shar'i Authority handling the application will institute a thorough investigation.
(2) If the wife's claim is proven, the Shar'i Authority will order the Muta-annit husband to either reform himself and fulfil his wife's rights OR issue Talaaq.
(3) If the husband fails or refuses to comply with the Shar'i Authority's order, the Nikah will be annulled forthwith. The Shar'i Authority will pronounce Talaaq to the wife of the Muta-annit husband.
(4) The annulment will come into immediate effect.
