What is Faskh?

What is Faskh?

Faskh is a term used in Islamic law to refer to a type of divorce initiated by a third party or by a court, rather than by the husband or wife. Faskh is typically granted in cases where the marriage has become intolerable for one or both spouses, or where one spouse is found to be at fault for violating the terms of the marriage contract.

There are several grounds for faskh in Islamic law, including but not limited to:
  1. Adultery or infidelity on the part of one spouse
  2. Impotence or inability to consummate the marriage
  3. Abandonment or failure to provide financial support by one spouse
  4. Physical or emotional abuse by one spouse
  5. Mental illness or insanity of one spouse
  6. Incompatibility or irreconcilable differences between the spouses

The process of faskh typically involves a court hearing, where evidence is presented to demonstrate that the marriage is no longer viable or that one spouse is at fault for violating the terms of the marriage contract. If the court finds that the grounds for faskh are valid, it may grant the divorce and dissolve the marriage.

Faskh is considered a last resort in Islamic law, and is typically only granted in cases where all other avenues of reconciliation or mediation have been exhausted. The process of faskh may vary in different Islamic cultures and legal systems, and may have different requirements and procedures.
Back to blog
UOL Case Bank

UOL Case Bank

Upon joining, you become a valuable UOL student and gain instant access to over 2,100 case summaries. UOL Case Bank is constantly expanding. Speed up your revision with us now.

Subscribe Now

Where are our students from?

Yale University
Council of Europe
Baker Mckenzie 
University of Chicago
Columbia University
New York University
University of Michigan 
University College London (UCL)
London School of Economics (LSE)
King’s College London (KCL)
University of London
University of Manchester
University of Zurich
University of York
Brandeis University
University of Exeter
University of Sheffield
Boston University
University of Washington
University of Leeds
University of Law
Royal Holloway, University of London 
Birkbeck, University of London
SOAS, University of London
University of Kent
University of Hull
Queen’s University Belfast
Toronto Metropolitan University
Hong Kong University of Science and Technology
University of Buckingham

  • Criminal Practice

    Diagrams and Charts

    Our carefully designed diagrams and charts will guide you through complex legal issues.

  • Criminal Law

    Clear and Succinct Definitions

    Key concepts are concisely defined to help you understand legal topics quickly.

  • Property Law

    Statutory Provisions

    Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

  • Public Law

    Case Summaries

    We have summarised important cases for you so that you don't need to read long and boring cases.

  • Evidence

    Rules and Exceptions

    Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.

  • Company Law


    Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

  • Case Law

    Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

  • Law Exam Guide

    Law Essay Guide

    You will learn essential law exam skills and essay writing techniques that are not taught in class.

  • Law Exam Guide

    Problem Question Guide

    We will show you how to answer problem questions step by step to achieve first-class results.

  • Conflict of Laws

    Structured Explanations

    Complex legal concepts are broken down into concise and digestible bullet point explanations.

  • Legal System and Method

    Legal Research

    You will learn legal research techniques with our study guide and become a proficient legal researcher.

  • Jurisprudence and Legal Theory


    All essential concepts, principles, and case law are included so that you can answer exam questions quickly.