Faskh

Faskh is dissolving a contract and undoing the legal effects it created.

What it means for me: In marriage, faskh lifts the contract itself. A judge orders it, or it follows a defect, harm, or a failure to provide maintenance. It is not a talaq, the husband's own pronouncement of divorce. In the common view, a faskh is not counted among the three pronouncements a marriage allows.

Example: A wife petitions a judge after her husband disappears and sends no support for years. The judge dissolves the marriage through faskh, not through a talaq the husband never pronounced.

Do not confuse with: Talaq, Khula, and the general phrase 'judicial separation.' Talaq is the husband's own pronouncement, needing no judge. Khula ends the marriage in exchange for something the wife gives up, usually with her agreement. 'Judicial separation' is sometimes used loosely as another name for faskh, which can blur the two together.

If scholars differ: Schools differ on what counts as sufficient grounds for faskh. Some accept a wide range, including lasting harm or prolonged absence. Others limit it to a narrower set of defects and failures.