faskh

Faskh is an Arabic term in Islamic law that refers to the annulment or dissolution of a marriage by a qadi (judge) or a qualified religious authority. It is distinct from khul', which is a divorce initiated by the wife in exchange for compensation, and from talaq, which is the pronouncement of divorce by the husband. Faskh is generally granted on specific grounds, often related to fundamental defects or impediments that render the marriage invalid from its inception or that make its continuation impossible or harmful.

Common grounds for faskh include consanguinity or affinity that violates Islamic law, such as marrying a close relative. It can also be granted if one spouse is found to be insane or afflicted with a serious, incurable disease that was concealed at the time of marriage and poses a risk to the other spouse's health or well-being. If a husband fails to provide maintenance (nafaqa) for his wife, or if he is absent for an extended period without a valid reason, a wife may seek faskh. Similarly, if the marriage contract was entered into under duress or fraud, or if there was a significant misrepresentation of essential terms, faskh may be permissible. The process typically involves presenting evidence to the qadi, who then makes a ruling based on Islamic jurisprudence. The legal consequences of faskh are similar to those of other forms of divorce, including the potential for the wife to observe her iddah (waiting period) and the determination of rights concerning dowry and child custody.