In order to void a marriage under Islamic law, the marriage itself must be shown to have been contracted under fraudulent or illegal pretenses. Voiding an Islamic marriage, therefore, must derive from a legal set of arguments that have as its conclusion the false beginning of the marriage. In other words, the marriage had to have been fraudulent from the beginning. The lack of consent, consanguinity or lack of material support are all legitimate grounds for divorce, according to Islamic law. The court system only intervenes in case of dispute or if the husband refuses to provide for his wife.

General Approach

Ascertain, first of all, if the marriage can be saved. To void a marriage under Islamic law, one party must prove that the marriage is "hopeless" and the parties have no chance of coming to any kind of agreement. The first step does not involve any formal law or court proceeding. The main negotiations, under Islamic law, are conducted between husband and wife and no one else.

Courts

Seek redress though the court system if there is a lack of mutual consent for a divorce. Islamic law permits an automatic dissolution of marriage without a formal decree from a Muslim court, if both parties are in agreement. If they cannot reach consent, they can seek mediation by a court. The Islamic court is merely the last resort in divorce cases. Everything else is done between the two partners.

Maintenance

Keeping the wife maintained with all the necessaries of life is an important element of Islamic marriage law. This is one case where the Islamic authorities (either connected or unconnected to the state) will automatically intervene and either dissolve a marriage or force the man to provide for his wife and children. This is the only instance that automatically occasions formal investigation for voiding an Islamic marriage.

Source:

"Islamic Law Regarding Divorce" by Shah Abdul Hannan

"Islamic Law Regarding Rights and Obligations of Husband and Wife" by Shah Abdul Hannan