Faskh
فسخ
Pronunciation: FASKH
Judicial annulment of a marriage by an Islamic judge or scholarly authority for a valid cause.
Definition
A dissolution of marriage granted by a qadi (Islamic judge) or scholarly body for a recognized cause — such as harm, abuse, abandonment, or the husband's failure to provide (nafaqah). Faskh differs from khula in that the wife does not generally return the mahr, because the dissolution is granted on the basis of fault or hardship rather than as a negotiated release.
It differs from talaq in that the dissolution is pronounced by a judicial authority rather than the husband. In the United States, a faskh has no automatic civil effect; the couple still needs a civil divorce, and an Islamic prenup can codify the financial consequences in enforceable terms.
Related Terms
Talaqطلاق
Husband-initiated divorce in Islamic law.
Khulaخلع
Wife-initiated divorce in Islamic law, typically involving the return of mahr.
Iddahعدة
The post-divorce (or post-widowhood) waiting period during which the wife is entitled to maintenance.
Nikahنكاح
The Islamic marriage contract — verbal or written, requiring offer, acceptance, and witnesses.
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Faskh (فسخ) — Judicial annulment of a marriage by an Islamic judge or scholarly authority for a valid cause. A dissolution of marriage granted by a qadi (Islamic judge) or scholarly body for a recognized cause — such as harm, abuse, abandonment, or the husband's failure to provide (nafaqah). Faskh differs from khula in that the wife does not generally return the mahr, because the dissolution is granted on the basis of fault or hardship rather than as a negotiated release.
- Judicial annulment of a marriage by an Islamic judge or scholarly authority for a valid cause.
- Category: Contracts
- Related: Talaq, Khula, Iddah, Nikah
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Last reviewed: 2026-06-01
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