ABSTRACT

Fasah is the dissolution of a Muslim marriage by judicial decree, and according to the Shafi'i school a spouse may apply for such a decree on the grounds of impotence, insanity, or a serious and repellent disease such as leprosy or venereal disease. In 1962, out of eight fasahdecrees registered by order of the Court, four were granted on the ground of non-maintenance; two were granted because the husband was insane; and one because the husband was impotent. In January 1961 the Court ruled that the wife must wait for a year from the date her husband's impotence had been established; she should return now to live with her husband, and if he were not cured of his impotence at the end of the year, she would then be entitled to a fasah decree. In another case of fasah on the grounds of non-maintenance, the marriage had taken place in 1959, when the bride was a girl of fourteen.