format_quote Originally Posted by
kirmakX6on
i have two questions:
1.
is it somehow possible for woman to get divorced against the will of her husband when the husband fulfil his obligations (i.e. is providing) and is healthy (i.e. not impotent, not mentally retarded etc.). I understand that there are several law schools and law differs from state to state, but what is most common?
2.
i just dont see how it is possible to man dont want to divorce her wife when she want the divorce. I mean, she can always make her husband to dislike her - for example, she will not be nice to him, will by nasty all the time, will not cook to him, will not care about the home, will not provide sex etc. ..she can made his life miserable. On the other hand, since it is no crime to punish your wife when she is not obedient according to sharia (i hope my informations are correct), perhaps husband can force his wife to do what he wants?
Hi kirmakX6on
Sheik Yusuf Al-Qaradawi in his book,
The Lawful and the Prohibited in Islam,wrote:
The woman who cannot bear to live with her husband has the right to free herself from the marriage bond by returning to her husband the
mahr (required marriage gift) and gifts he has given her, or more or less than that according to their mutual agreement. It is, however, preferable that he should not ask for more than he has given her. Allah Almighty says:
"...And if you (the judges) fear that the two may not be able to keep to the limits ordained by Allah, there is no blame on either of them if she redeems herself (from the marriage tie by returning all or part of the mahr)..." (Al-Baqarah: 229)
The wife of Thabit ibn Qays came to the Prophet (peace and blessings be upon him) and said, "O Messenger of Allah, I do not reproach Thabit ibn Qays in respect of character and religion, but I do not want to be guilty of showing anger to him.'' (Her meaning was that although Thabit was a good man, she was unable to get along with him and thus might not be able to show him the respect due to a husband.) The Prophet (peace and blessings be upon him) asked her about what she had received from him. She replied, "A garden." He asked,
"Will you give him back his garden?" "Yes," she said. The Prophet (peace and blessings be upon him) then told Thabit,
"Accept the garden and make one declaration of divorce." (Reported by al-Bukhari and an-Nasa'i)
It is not permissible for woman to seek divorce from her husband unless she has borne ill-treatment from him or unless she has an acceptable reason which requires their separation. Said the Prophet (peace and blessings be upon him),
"If any woman asks her husband for a divorce without some strong reason, the fragrance of the Garden will be forbidden to her." (Reported by Abu Dawud)
Source
However,there are several cases whereby a woman is allowed to ask for a divorce, these include:
1- If she had a quarrel (major fight, not necessarily physical) and resulted in separation with her husband by going to any other place.
2- If her husband mistreats her and causes her harm.
3- If her husband is not able to support her financially
4- If her husband is absent for a long time, if he disappears, or if he is put in jail.
5- If he has physical problems which prevent him to make sexual relation such as not being able to get an erection or lacking a penis, etc.
There may be other cases which can be decided by the woman with consultation of parents and family members. However it should be kept in mind by both husband and wife that “Divorce” is the only allowable, authorized by Allah, but He hate it also.
Types of Talaqs
A woman cannot give ‘Talaq’ - because ‘Talaq’ is a Arabic word used for divorce, when a man gives to a woman or husband gives to a wife.
There are 5 types of divorce, in Islam –
The first type is by unilateral
It is by unilateral agreement, between the husband and wife - Both may say… ‘Okay, we are not compatible… let us part’.
The second type, is by the unilateral will of the husband
This is called a ‘Talaq’, in which, he has to forgo his ‘Meher’. If he has not paid it, he has to pay it to her, including the gifts, he has given to her.
Third type, is by the unilateral will of the wife
If she got mentioned it in her marriage contract, Nikah-Nama that she has the right to give unilateral divorce. It is called as ‘Isma’. So if in Nikah Nama, in detiled conditions, this is written, then she has right to give talaq as husband has given this right in writing.
Fourth category
If the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi, and nullify the marriage - It is called as ‘Nikah-e-Fask’. In this, according to the Kazi, he may ask the husband to give the full ‘Meher’, or part of the ‘Meher’, depending upon the Kazi.
Fifth category
It is caled ‘Kulah’, that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband. She can request the husband, to divorce her - and that is called as ‘Kulah’.
But very few people talk about women giving divorce, to the men. Some of the Ulemas have categorized these 5 types of divorce, into 2 or 3 different categories, but broadly there are 5 types of divorce, in Islam.
Source
CAUTION For Readers Considering getting divorce:Please console an Imam or scholar in these matters. Insha Allah they will give the best ruling.Above is only made available for explanation purpose.