Physical and Psychological Harm as Grounds for Marital Dissolution: A Critical Study of the Views of Islamic Jurists and Contemporary Fiqh Academies

جسمانی و نفسیاتی اذیت بطور سبب ِفسخ ِنکاح: فقہائے اسلام اور معاصر فقہی اکادمیات کی آراء کا تحقیقی و تنقیدی جائزہ

Abstract

This study examines the issue of the dissolution of marriage (Faskh al-Nikāḥ) based on physical and psychological harm within the framework of Islamic jurisprudence. The institution of marriage in Islam is intended to establish harmony, tranquility, and mutual respect between spouses. However, when one spouse suffers continuous harm that makes marital life unbearable, Islamic law provides mechanisms to remove such injustice. This research analyses the concept of ḍarar (harm) as discussed by classical jurists and contemporary Islamic legal bodies. It highlights that harm is not limited to physical abuse, such as beating or causing bodily injury, but also includes psychological and emotional harm, such as verbal abuse, humiliation, neglect, and betrayal. The study critically reviews the opinions of different schools of Islamic law regarding whether harm constitutes a valid ground for judicial dissolution. While some jurists, particularly within the Ḥanafī tradition and certain reports from the Shāfiʿī and Ḥanbalī schools, emphasize reconciliation through arbitration rather than separation, other scholars especially within the Mālikī School recognize harm as a legitimate basis for dissolving the marriage. The research also evaluates the views of modern fiqh academies and contemporary scholars. It concludes that removing harm and injustice aligns with the fundamental objectives of Sharīʿah, and therefore, judicial dissolution may be justified when marital life becomes intolerable due to physical or psychological abuse.