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Thread: Can a woman divorce her husband in Islam?

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    Limited Member Array Israa's Avatar
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    Default Can a woman divorce her husband in Islam?


    This might sound like a stupid question but can women in Islam divorce their husband or is it something the husband can only do?
    some people tell me they can't whilst others say she has to go through an Islamic Court or something. Anyways I really don't understand and would like a clear answer.


    Salaam.

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    Little Aminah Array FatimaAsSideqah's Avatar
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    Default Re: Can a women divorce her husband in Islam?




    Ok, i can help you about your question...

    Take a look at this link: http://www.livingislam.org/fiqhi/fiqha_e59.html

    And also,

    And in Hadith we find traditions like the following:

    "Khansa bint Khidhan who had a previous marriage, related that when her father married her and she disapproved of that, she went to the Messenger of God and he revoked her marriage." (Bukhari, Ibn Majah)

    "A [girl who was not married] came to the Messenger of God and mentioned that her father had married her against her will, so the Prophet allowed her to exercise her choice." (Abu Da'ud, on the authority of Ibn 'Abbas)

    Fi amani Allah

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    Default Re: Can a women divorce her husband in Islam?


    Men have the right to divorce. If a man dislikes keeping his marriage for any reason, he divorces his wife and compensates her financially by paying her what is termed mut'a payment. This is in addition to the regular financial sustenance for her living, in case she has the custody of their children.
    Divorce becomes in effect once the husband utters or writes down any of the legal formulae of divorce such as: ‘I divorce you’ or ‘you are divorced’…etc. The husband can do these either by himself or through a messenger.


    In case it is the woman's desire to end the marriage, the situation becomes different. Her reasons might be that she has received ill treatment, the husband is unable to sustain her financially or he is sexually impotent. She can prove these defects in front of the judge, then the judge grants her divorce with a full access to all her financial rights.


    Also, if the husband was good to her but she does not want to keep on for an emotional reason, then she asks for what is termed khul'. This means to be granted divorce but without any access for financial rights, plus paying back the husband the dowry that he already paid on marrying her.


    More @ http://www.zawaj.com/articles/divorce_laws.html


    also @ http://www.zawaj.com/articles/divorce_reem_sultan.html

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    Limited Member Array Israa's Avatar
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    Default Re: Can a women divorce her husband in Islam?


    thanks for the information guys, i really needed it as i didn't understand myself but i would like to ask one more question which is can a woman ask for a divorce if the situation was that her husband wanted to marry another woman?
    I know its is allowed in Islam to marry up to four women but many women would not like to share their husband.

    Anyways Salaam.

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    Default Re: Can a women divorce her husband in Islam?


    Quote Originally Posted by Israa View Post
    thanks for the information guys, i really needed it as i didn't understand myself but i would like to ask one more question which is can a woman ask for a divorce if the situation was that her husband wanted to marry another woman?
    I know its is allowed in Islam to marry up to four women but many women would not like to share their husband.

    Anyways Salaam.


    I guess this would come under the 'emotional reasons' mentioned above. I remember reading that in this case the woman should be encouraged to try her best to live with the situation by making lots of duaa. if it was really impossible for her then she could request a divorce on this basis.

    I would encourage all my sisters to think about what kind of marriage they want and to put conditions in their contract - because if it is a condition of the marriage contract that the wife can divorce her husband if he takes another wife, this is always accepted by the Islamic court and divorce takes place and is her absolute right. She can also change her mind and accept being a co-wife if her opinion changes (like after 20 years and she quite likes the idea of only seeing him for half the week lol).


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    Default Re: Can a women divorce her husband in Islam?


    cant a woman get a thing called a khulla done? which is like a divorce on her side,


    Jaa-Ro-Nee-Mo!!!


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    Default Re: Can a women divorce her husband in Islam?


    Quote Originally Posted by islamirama View Post
    Men have the right to divorce. If a man dislikes keeping his marriage for any reason, he divorces his wife and compensates her financially by paying her what is termed mut'a payment. This is in addition to the regular financial sustenance for her living, in case she has the custody of their children.

    Divorce becomes in effect once the husband utters or writes down any of the legal formulae of divorce such as: ‘I divorce you’ or ‘you are divorced’…etc. The husband can do these either by himself or through a messenger.
    are you talking about triple talaq here?
    is this the accepted view of mainstream islam?


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    Default Re: Can a women divorce her husband in Islam?


    Quote Originally Posted by snakelegs View Post
    are you talking about triple talaq here?
    is this the accepted view of mainstream islam?
    That is the talaq al-bid'ah (innovated divorce) which made appearance years after the death of the Prophet salallahu alayhi wassalam. This form of talaq is irrevocable as soon as it's pronounced and leaves no consideration and no chance for repentance. This is usually done by ignorant Muslims to satisfy their selfish motives. The Holy Prophet has severely denounced this practice and Sayyidina Umar used to whip the husband who pronounced divorce thrice at one time and at the same sitting.

    Explanation from Islam Q&A team;

    Question:
    A man had issued two talaaqs (pronouncements of divorce) to his wife, and during an argument with his father he issued the third divorce to his wife. After that he claimed that he had been in a state of intense anger and he does not know how he did that. What is the ruling on that?.

    Answer:
    Praise be to Allaah. Firstly:
    The talaaq in which the husband is allowed to take back his wife is the first or second talaaq. If he divorces her a third time, she becomes a stranger to him (non-mahram) and she is not permissible for him until she has married another husband and the marriage has been consummated. Allaah says (interpretation of the meaning):

    “The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce). These are the limits ordained by Allaah, so do not transgress them. And whoever transgresses the limits ordained by Allaah, then such are the Zaalimoon (wrongdoers).

    230. And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”
    [al-Baqarah 2:229-230]

    It is not a condition of divorce that the woman should hear it from her husband or know of it. If a man issues the divorce verbally or in writing, whether in her presence or in her absence, then the divorce takes effect.

    With regard to anger, it depends on the situation.
    If it is mild anger and does not affect his will or choice, then the divorce takes effect and is valid.

    If the anger is so intense that he does not know or realize what he is saying, then this divorce does not count, because he is like one who is insane, who is not to be taken to task for what he says.

    In these two cases, there is no dispute among the scholars. There remains a third type of anger, which is intense anger that affects a man’s will, so he speaks and it is as if he is pushed to say what he says, but he quickly regrets it as soon as his anger dissipates, but he did not reach a point where he did not know what he was saying or doing. There is a difference of scholarly opinion with regard to this kind of anger. We have discussed that in the answer to question no. 22034.

    And Allaah knows best.


    Islam Q&A
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    Default Re: Can a women divorce her husband in Islam?


    Salam,

    I did read somewhere (I really can't remember the author....). He/She said that one reason for the presence of a 'judge' when a woman wants to get divorce is because in Islam, the mahar (money given to the bride by the husband) should not be claimed back by the husband in the event of a divorce. Therefore, it opens up the possibility that a woman could use marriage and divorce as simply a means to accumulate wealth. Of course the probability of this happening is low, but then again i think it makes sense as Islamic shariah is supposed to be complete and covers for the possible failings of its adherents to avoid any unjust actions.

    also, i'm not sure about this (i don't think I agree).... apparently women get emotional during pms and might ask for divorce in the 'spur' of the moment.. what do u think sisters?

    wassalam

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    Default Re: Can a woman divorce her husband in Islam?


    thanks for your reply, muslim knight. actually, i wasn't thinking of triple talaq all at one time. i was thinking like the case discussed by islam qa.
    i don't want to go off topic so i won't say anymore.


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    Default Re: Can a woman divorce her husband in Islam?


    What about a clause in her marriage contract based on which she would be free to get the divorce when ever she wants that. I think its legal too, no


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