A marriage deed with conditions drawn up on the advice of an experienced scholar as protection against the husband’s mistreatment

Question

I married my daughter to Zayd. When my daughter came back, it became known that she had been made to suffer in all sorts of ways; she lived with him for about five months, but he established no marital relations at all. When my daughter came home, all these things became known, and she refused to go to her husband’s. Then I wrote Zayd a letter; he came, bringing his mother, and says, “Now I will keep her well.” But I have trust (?). In this situation, what way is there for annulment (faskh) of the nikah?

Answer

Since the husband is ready to keep her and set up home with her and asks forgiveness for his past failings, in the present situation he can neither be compelled to give talaq nor can a judicial separation (tafriq) be made.

Source: Fatawa Mahmudiyya

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