FIQH USRAH AND MUAMALAT

1. Fasakh, Divorce, and Reunion
After Marriage
EDIE 2501
Semester 1, 2022/2023
Nur Ain Nadhirah binti Hussiadi (1924008)
Nor Nafisa Hidayah binti Mohd Nazrin (2018096)
Nur Eleeza binti Othman (2014684)
Siti Ruqiah binti Mohamad Amin (2018410)

2. https://www.youtube.com/watch?v=FoAx8DK_5oI

3. Fasakh
and it's consequences

4. Definition of Fasakh
An arabic term (Fasakh) literally means to
annul and rescind an agreement or a
bargain
the dissolution of marriage due to any
valid reason under Hukum Syara’.
the dissolution or rescission of marriage
contract by judicial decree.

5. The Law of
Fasakh in
Islam
1
Fasakh is permissible (Harus) in Islam
The Law
2
‫ۦ‬ ‫ِلِه‬ ‫ْه‬‫َأ‬ ‫ْن‬ ‫ِّم‬ ‫ا‬ ‫ًۭم‬‫َك‬ ‫َح‬ ‫۟ا‬‫و‬‫ُث‬ ‫َع‬‫ْب‬‫ٱ‬ ‫َف‬ ‫ا‬ ‫َم‬ ‫ِه‬‫ِن‬‫ْي‬‫َب‬ ‫َق‬‫ا‬ ‫َق‬ ‫ِش‬ ‫ْم‬‫ُت‬ ‫ْف‬ ‫ِخ‬ ‫ْن‬‫ِإ‬ ‫َو‬
ۗ ‫ٓا‬ ‫َم‬‫ُه‬‫َن‬‫ْي‬‫َب‬ ‫ُه‬‫َّل‬‫ل‬‫ٱ‬ ‫ِق‬‫ِّف‬ ‫َو‬‫ُي‬ ‫ا‬‫ٰـًۭح‬‫َل‬ ‫ْص‬‫ِإ‬ ‫ٓا‬ ‫يَد‬‫ِر‬‫ُي‬ ‫ن‬‫ِإ‬ ‫ٓا‬ ‫َه‬‫ِل‬ ‫ْه‬‫َأ‬ ‫ْن‬ ‫ِّم‬ ‫ا‬ ‫ًۭم‬‫َك‬ ‫َح‬ ‫َو‬
٣٥ ‫ا‬‫ًۭر‬‫ي‬‫ِب‬ ‫َخ‬ ‫ا‬ ‫ًم‬‫ي‬‫ِل‬ ‫َع‬ ‫اَن‬‫َك‬ ‫َه‬‫َّل‬‫ل‬‫ٱ‬ ‫َّن‬‫ِإ‬
As stated in Al-Quran
"If you anticipate a split between them, appoint
a mediator from his family and another from
hers. If they desire reconciliation, Allah will
restore harmony between them. Surely Allah is
All-Knowing, All-Aware" -An Nisa: verse 35

6. The Law of
Fasakh in
Islam
1
‫هللا‬ ‫صلى‬ ‫ِه‬‫َّل‬‫ل‬‫ا‬ ‫َل‬‫و‬ ‫ُس‬‫َر‬ ‫َّن‬‫َأ‬ ‫ِّي‬‫ِر‬ ‫ْد‬‫ُخ‬‫ْل‬‫ا‬ ‫ٍد‬‫ي‬ ‫ِع‬ ‫َس‬ ‫ى‬‫ِب‬‫َأ‬ ‫ْن‬ ‫وَع‬
‫ُه‬‫َّر‬‫ا‬ ‫َض‬ ‫َّر‬‫ا‬ ‫َض‬ ‫ْن‬ ‫َم‬ ‫َر‬‫ا‬‫َر‬ ‫ِض‬ ‫َال‬ ‫َو‬ ‫َر‬‫َر‬ ‫َض‬ ‫َال‬ «‫َل‬‫ا‬ ‫َق‬ ‫وسلم‬ ‫عليه‬
.» ‫ِه‬‫ْي‬‫َل‬ ‫َع‬ ‫ُه‬‫َّل‬‫ل‬‫ا‬ ‫َّق‬ ‫َش‬ ‫َّق‬‫ا‬ ‫َش‬ ‫ْن‬ ‫َم‬ ‫َو‬ ‫ُه‬‫َّل‬‫ل‬‫ا‬
As stated in Hadith
On the authority of Abu Sa’eed al-Khudree
(may Allah be pleased with him), that the
Messenger of Allah (peace and blessings of
Allah be upon him) said:
There should be neither harming (darar) nor
reciprocating harm (dirar).
-Hadith 32, 40 Hadith an-Nawawi

7. Legal
Requirements
for Fasakh
Marriage is not valid if both parties agree.
The evidence given must be witnessed by
two men or a confession, that disability
such as impotence or by way of alternate
oath.

8. FACTORS LEAD TO
FASAKH
disgrace and defect of the
husband
the husband’s imprisonment or
missing
dharar (harm) onto the wife
the husband’s failure to provide
nafkah

9. DEFECTS FROM HUSBAND
husband is impotent (mati pucuk)
suffering from leprosy (kusta) or
vitiligo (sopak) or is suffering from a
venereal disease which can be
transmitted
suffering from brain illness (either
continuously or intermittently) in the
sense of Brain Illness Ordinance
1952 of the type

10. MISSING AND IMPRISONMENT OF HUSBAND
The whereabouts of the husband is not
known during a period more than one
year
That the husband is sentenced to
prison for three years or more
husband has failed to perform,
without reasonable cause,
obligations of marriage (conjugal
rights) for a period of one year

11. DHARAR (HARM) ONTO WIFE
Habitually assaults the wife or makes her
life miserable by use of abusive behaviour
Befriends immoral women or lives in
despicable behaviour as perceived by Islamic
law
Eliminates the wife's properties or prohibits
the wife from using her lawful rights
towards her properties
Prevents the wife from carrying out her
duties or religious practices
If the husband has more than one wife, he
does not treat the wife equally in accordance
with the requirements of Islamic Law

12. FAILURE TO PROVIDE NAFKAH
the husband, due to poverty, is unable to
support the wife
the husband has neglected or failed to
provide nafkah for a period of three
years
despite four months of marriage, the
couple has not had sexual intercourse
because the husband refuses to copulate
with his wife

13. CONSEQUENCES OF
FASAKH
A divorce by way of fasakh may not be
revoked by way of reconciliation (rujuk).
A divorce by fasakh effects a talak bain
sughra.
A divorce by way of fasakh does not
count as a talak and it does not
reduce the number of talak left in a
marriage.
A wife who has been divorced by way of
fasakh is not entitled to receive nafkah iddah
as there is no iddah period during which she
and her husband may reconcile and is not
entitled to recieve mutaah
a divorce by way of fasakh has no bearing
on the issues of division of matrimonial
assets or custody of the minor children of
the marriage which will be decided by the
Court in accordance with established
principles and practices

14. Divorce
-------------------------------------------------

15. Definition of Divorce
Divorce (Talaq) means "freeing or undoing the
knot" (Imam Raghib).
Dissolution of marriage.
Annulment of its legality by the
pronouncement of certain words.

16. Dalil on Divorce (Talaq)
ۗ ‫ٍۢن‬‫ٰـ‬ ‫َس‬‫ْح‬‫ِإ‬‫ِب‬ ‫ٌۢح‬‫ي‬‫ِر‬ ‫ْس‬‫َت‬ ‫ْو‬
‫َأ‬ ‫ٍف‬‫و‬‫ُر‬‫ْع‬‫َم‬‫ِب‬
‫ٌۢك‬‫ا‬ ‫َس‬ ‫ْم‬‫ِإ‬
‫َف‬ ۖ ‫ِن‬‫ا‬‫َت‬‫َّر‬‫َم‬ ‫ُق‬‫ٰـ‬‫َل‬ ‫َّط‬‫ٱل‬
Divorce may be retracted twice, then the husband must retain ˹his wife˺
with honour or separate ˹from her˺ with grace (Surah Al-Baqarah:229)
‫ُق‬‫الطال‬ ‫ِهللا‬ ‫ىَل‬
‫ِإ‬ ‫ِل‬‫الحال‬ ‫ُض‬‫َغ‬‫ْب‬‫َأ‬ :‫والسالم‬ ‫الصالة‬ ‫عليه‬ ‫قوله‬
Prophet Muhammad SAW said: The most detestable of lawful
things before Allah is divorce.

17. Hukum of Talaq
Sunat - Wife
does not
maintain her
dignity
Haram - Talaq
Bid'ie / Divorce
the wife during
haid @ nifas
Wajib - Dispute
between the
spouses cannot
be reconciled
Makruh - Divorce the
good & religious wife
Harus - Husband who
is weak in lust or his
wife has not
menstruated or has
menopause

18. Pillars of Talaq
Husband Wife
Sighah
(Lafaz)
Wilayah
(Authority of Talaq)
Niyyah
(Intention)

19. Sighah
(Lafaz)
Words that show the meaning of divorce clearly.
E.g. I divorced you with one Talak
Sarih
Words that not directly mentioning "divorce" and have
more than one meaning.
E.g. I don't need you anymore. Go back to your
parents' house!
Kinayah

20. Husband (‫ق‬‫ِّل‬‫)المط‬
Sanity & Puberty
His choice - not forced
‫حتى‬ ‫المجنون‬ ‫وعن‬ ,‫يستيقظ‬ ‫حتى‬ ‫النائم‬ ‫وعن‬ ,‫يحتلم‬ ‫حتى‬ ‫الصبي‬ ‫عن‬ ,‫الثالث‬ ‫عن‬ ‫القلم‬ ‫"رفع‬
"‫يفيق‬
3 things has been lifted (from responsibility), from the baby until he is Baligh, from the
one who sleep until he wakes up, and from the insane until he is concious.
")‫(إكراه‬ ‫إغالق‬ ‫في‬ ‫طالق‬ ‫"ال‬
No divorce in close (in force).
Condition of the Husband to announce pronouncement (talaq)

21. Types of Talaq
Talaq Sunni (Revocable)
1) Talaq Ahsan (Most Proper)
Husband repudiates his wife by making 1
pronouncement within the term of Tahr
(purity) and he has not had sexual
intercourse with her.
2) Talaq Hasan (Proper)
Husband repudiates an enjoyed wife by
three sentences of divorce, in 3 Tuhrs.

22. Types of Talaq
Talaq Bid'i (irregular divorce)
Haram
Bring harms to the wife due to the
kength of 'iddah.
Husband repudiates his wife by 3
divorces at once. ‫رسول‬ ‫عهد‬ ‫في‬ ‫حائض‬ ‫وهي‬ )‫عنه‬ ‫هللا‬ ‫(رضي‬ ‫عمر‬ ‫ابن‬ ‫عن‬
:‫فقال‬ ,‫ذلك‬ ‫عن‬ )‫(ص‬ ‫الل‬ ‫رسول‬ ‫عمر‬ ‫فسأل‬ ,)‫(ص‬ ‫هللا‬
."‫طاهرا‬ ‫ليطلقوها‬ ‫ثم‬ ‫فليراجعها‬ ‫"مره‬

23. Types of Talaq
Talaq Three at Once
Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces
during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and
two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one.But
Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in
the matter in which they are required to observe respite.So if we had imposed this upon
them, and he imposed it upon them.

24. Types of Talaq
Talaq Battah Talaq Ba'in Kubra Talaq Ba'in Sughra
"I'm divorcing you forever"
The husband intends to
divorce his wife with one
talaq - talaq one
"Imam Syafi'e: The
pronouncement falls according
to his intention.
Happened to the couple 3
times.
Cannot remarry unless the
wife marries to another
man.
Husband cannot reunited
with his wife unless with a
new akad.

25. Hikmah of Divorce
Save the family from any
form of abuse and
suffering.
Give lessons to both
parties.
Failure is an opprtunity.
Start a new life.
Aware of the importance
of the teachings of Islam
in the household.

26. Reunion
-------------------------------------------------

27. Definition
of ruju'
Ruju' means both parties return to the
original state of marriage without
requiring for solemnisation for a
women who had been subjected to
talaq by her husband, except for the
case of talaq ba'in.

28. Dalil on ruju'
al-baqarah 231
‫َّن‬‫ُه‬‫ْو‬‫ُك‬ ‫ِس‬ ‫ْم‬‫َفَا‬ ‫َّن‬‫ُه‬‫َل‬‫َج‬‫َا‬ ‫َن‬‫ْغ‬‫َل‬‫َب‬‫َف‬ ‫َء‬‫ۤا‬ ‫َس‬‫ِّن‬‫ال‬ ‫ُم‬‫ُت‬‫ْق‬‫َّل‬ ‫َط‬ ‫ا‬‫َذ‬‫ِا‬‫َو‬
‫ا‬‫ًر‬‫ا‬‫َر‬ ‫ِض‬ ‫َّن‬‫ُه‬‫ْو‬‫ُك‬ ‫ِس‬ ‫ْم‬‫ُت‬ ‫اَل‬‫َو‬ ‫ٍۗف‬‫ْو‬‫ُر‬‫ْع‬‫َم‬‫ِب‬ ‫َّن‬‫ُه‬‫ْو‬‫ِّرُح‬ ‫َس‬ ‫ْو‬‫َا‬ ‫ٍف‬‫ْو‬‫ُر‬‫ْع‬‫َم‬‫ِب‬
ۗ ‫ٗه‬ ‫َس‬‫َنْف‬ ‫َم‬‫َل‬ ‫َظ‬ ‫ْد‬‫َق‬‫َف‬ ‫َك‬‫ِل‬‫ٰذ‬ ‫ْل‬‫َع‬‫ْف‬‫َّي‬ ‫ْن‬‫َم‬‫َو‬ ۚ ‫ا‬‫ْو‬‫ُد‬‫َت‬‫ْع‬‫َت‬‫ِّل‬
When you divorce women and they have ˹almost˺
reached the end of their waiting period, either retain
them honourably or let them go honourably. But do
not retain them ˹only˺ to harm them ˹or˺ to take
advantage ˹of them˺. Whoever does that surely
wrongs his own soul

29. Pillars of ruju'
Wife Husband
Witness
Lafaz

30. Condition of wife
sexual
intercourse had
took place
Is the intended
wife
Must be
divorced in
talaq raji'e
In the period of
iddah talaq
rajie'
Wife
In the state of
Islam during
ruju'

31. Husband
Condition of husband
Reach puberty willing
Muslim
Sensible

32. Pronounce
Condition of lafaz
Indicates the
wife Firm and not
with ta'liq
in statement or
sarcasm
Through action

33. Witness
‫ٍف‬‫ْو‬‫ُر‬‫ْع‬‫َم‬‫ِب‬ ‫َّن‬‫ُه‬‫ْو‬‫ُق‬‫ِر‬‫ا‬‫َف‬ ‫ْو‬‫َا‬ ‫ٍف‬‫ْو‬‫ُر‬‫ْع‬‫َم‬‫ِب‬ ‫َّن‬‫ُه‬‫ْو‬‫ُك‬ ‫ِس‬ ‫ْم‬‫َا‬‫َف‬ ‫َّن‬‫ُه‬‫َل‬‫َج‬‫َا‬ ‫َن‬‫ْغ‬‫َل‬‫َب‬ ‫ا‬‫َذ‬‫ِا‬‫َف‬
‫ِلّٰل‬ ‫َة‬‫اَد‬‫َه‬ ‫َّش‬‫ال‬ ‫وا‬‫ُم‬‫ْي‬‫ِق‬‫َا‬‫َو‬ ‫ْم‬‫ُك‬‫ْن‬‫ِّم‬ ‫ٍل‬‫ْد‬‫َع‬ ‫ْي‬‫َو‬‫َذ‬ ‫ا‬‫ْو‬‫ُد‬ ‫ِه‬ ‫ْش‬‫َا‬‫َّو‬
Then when they have ˹almost˺ reached the end of their waiting
period, either retain them honourably or separate from them
honourably. And call two of your reliable men to witness
(at-talaq 2)

34. Time frame for reuniting
Widow Condition Ruju' / waiting time
Not Pregnant and menstruating Till thrice menstruate
In pregnancy Till delivered or miscarriage
Had menopause Three months (hijrah)
If the Iddah period had ended, a new aqad and dowry is needed

35. Wisdom of Iddah
to rebuild the
marriage
constituition
To give second
chance for spouse
To resolve
problems from
spouse

36. Current Issues
related to divorce, fasakh and reunion

37. Statistic of marriage
The chart shows a decreasing pattern for the number of married couples for either Muslims or non-
Muslims from 2016 to 2020 due to the Covid-19 cases all around the world and the implementation of MCO.

38. Divorce Cases in Malaysia
( reported on Mac 23, 2022 )
Selangor
8811
Johor
5058
Perak
4215
Kelantan
4093
Kedah
3873
Pahang
3409
Terengganu
3358
Sabah
3027
Wilayah
Persekutuan
2785
Negeri
Sembilan
2477
Pulau
Pinang
1932
Melaka
1597
Perlis
785
Total cases:
45,420

40. (that lead to the
marriage
dissolvement)
misunderstanding between spouses
cheating spouses
The factors
financial
fail to fulfill the responsibility
family interference
physical & emotional abuse
violance

41. 45,420 marrriage
dissolvement cases
38,254
cases successfully
resolved
7,166
cases are still pending
due to:
the husband or wife or both not being ready for
the trial
failing to present witnesses for the trial and not
appearing in court
application for postpone
incomplete documents
fasakh claims exceeding one reason
due to:
the increase of judges and officers
the time limit for service of summons
the practice of oaths
the practice of confirming divorce pronouncements
outside the court
the implementation of innovations such as special
alimony/hadhanah courts and fast track courts

42. 10 tips to strengthen
your marriage
Spend time with each other
Negotiate conflict
Be respectful
Don’t forget yourself
Focus on emotional intimacy
Explore common interests
Pray together
Express your love
Forgive each other
Keep looking for the best

43. Conclusion

44. All couples need to bare in mind
that marriage is not just to fulfill
the desire or the lust, but to train
themselves to be a responsible
human being and carry out Allah's
trust as a servant in this world.

45. Q & A session

46. Answer the
following questions
From the previous video which factor leads the wife to ask Fasakh?
The husband is healthy and doesn’t have any contagious or transmitted
disease but he still doesn’t want to copulate with his wife, can the wife ask
for the Fasakh?
Does the husband needs the consent of his wife for ruju'?

47. Thank You!
May Allah bless us always!

48. https://www.bharian.com.my/berita/nasional/2022/03/937674/selangor-johor-catat-kes-
cerai-paling-tinggi
https://www.dosm.gov.my/v1/index.php/index.php?
r=column/cthemeByCat&cat=453&bul_id=RWwxcjBJeERmcnNlYnZnYVZYR0VKUT09&menu_id=L0p
heU43NWJwRWVSZklWdzQ4TlhUUT09#:~:text=The%20number%20of%20divorces%20decreased,c
ompared%20to%2045%2C502%20(2019).
https://discussionsofilmiyyah.blogspot.com/2017/02/perceraian.html
https://www.iium.edu.my/deed/hadith/muslim/009_smt.html
https://iou.edu.gm/newsletters/how-to-maintain-a-healthy-marriage-an-islamic-
perspective/
http://emunakahat.penang.gov.my/v2/index.php?tab=ruju
rujuk dan permasaalahan dalam islam
REFERENCES