Annulment of nikah under the law

Question

Question: (1) At present an Act of 1939 (a new law) on the cancellation or dissolution of nikah is being formally passed by the Government for India; it has come into force, and suits are being filed on behalf of married women in the civil courts and it is being applied. Your honour must certainly be aware of this law. (2) Is it correct and valid in the Shari‘a that, under this law of annulment of nikah, upon a complaint against the husband, of harsh treatment (the details being set out in the law)

Answer

(1) It was a long time ago that I saw its draft. (2) The details set out in the law are not preserved (in memory). If the woman, worn out by (the husband’s) failure to fulfil her rights or by impermissible harsh treatment, complains against the husband, and an empowered Muslim ruler (hakim)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.