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Does faskh e nikah given by Mufti is valid


09-Jan-2025 (In Muslim Law Law)
Does faskh e nikah given by Mufti is valid in court. If the husband is not appearing before Mufti. And does the marriage get dissolved if husband is not ready to divorce in this case.
Answers (1)

Answer #1
897 votes
In Indian courts, the validity of a Faskeh Nikah, which is a type of irregular marriage in Islamic law, depends on various factors. A Faskeh Nikah is considered irregular because it doesn't meet certain prerequisites, such as the absence of witnesses or marrying a woman undergoing Iddat. If a Mufti, an Islamic scholar, has performed the Faskeh Nikah, its validity in an Indian court would likely be examined on a case-by-case basis. The court might consider factors like the parties' consent, the presence of witnesses, and whether the marriage was consummated. It's essential to note that Indian courts recognize Muslim personal law, which governs marriages, divorces, and other family-related matters. However, the court's decision would ultimately depend on the specific circumstances of the case and the applicable laws.
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