How an arbiter (hakam) should annul a nikah

Question

Question: A woman insists on having her nikah with her husband annulled (faskh); the husband tries to keep the household together, but she will not agree in any way. This dispute has been referred by the government court to an arbiter (hakam) for arbitration. The arbiter has made every effort at reconciliation, but no solution could be found.

Answer

Without a Shar‘i ground the nikah will not be annulled by a ruler, an arbiter (hakam), a mufti or a mediator annulling it — unless the husband has given the authority to annul and appointed him as his agent (wakil) and proxy. In that case it should be written: “I, in my capacity as agent (wakil)

Source: Fatawa Mahmudiyya

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