Right of divorce for women in Islam?

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SFatima

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I need to know about this thing as I have been trying to look for it for quite sometime. In Asian sub continent, in a Marriage contract ( certificate, Nikah nama) there is a column, no. 18, which is to be ticked under Islamic law and it,

gives the right of divorce to the woman who is to be married. This divorce is given by the woman to herself from her husband, incase the husband is not giving her the divorce, and intends to pester her or not give her her mahar etc. Some scholars support it, as it had been in practise in the khilafaa period too, some scholars do not support it. I want to know if anyone of you has come across it and has any links regarding it, please do share.

A verse from Quran is also quoted in support for it, the one in which the the wives of the Prophet saww were allowed by Allah swt to leave him if they felt that their sustenance wasn't enough.

Now some people give this right to their women and most dont, I want to its position in Islam.
 
Assalamualaikum.

I think you are talking about Pakistani Islamic marriage law.

Islamic marriage (and divorce) law in all Muslim countries are based on Qur'an and sunah, but not really same between one country and other countries.

I give an example, This is the the translation of "sighat ta'lik" (addendum about wife's right to get divorce) in Indonesia that be spoken by the husband in nikah procession.

---------------

After marriage agreement, I am .......................................... son of Mr. ..............................................
I here with promise thruthfully that I will fulfill my obligation as a husband,
and I will associate my wife named ...................................................
daughter of Mr. ..................................................... kindly ( mu’asyarah bil ma’rufi ) according to the teaching of Islamic religion.

Furthermore, I read this sighat taklik for my wife mentioned as

follows :
Any time :
1. I leave my wife two years continuously ;
2. Or I do not give compulsory basic necessities of life three months long ;
3. Or I hurt my wife’s body / physic ;
4. Or I neglect / I do not care my wife for six months long.

Then my wife is not willing and my wife complains about her matter to the Religious Court and her complains is accepted by the court, and my wife pays money in the amount of Rp. 10.000,- ( ten thousand rupiahs) as 'iwadh ( substitute) to me, then falls my once divorce to her.

To the court mentioned I authorize to receive the substitute money and then to hand over it for the need of social devotion.


(city/location), ..................................
Husband

----------------

(ten thousand rupiah is equal as 1.1 US$)

Source: http://kuapasarminggu.blogspot.com/2009/07/sighat-talik-bahasa-inggris.html


Mahr is not mentioned in that Indonesian "sighat ta'lik", and never became a reason to get divorced because in Indonesian culture, mahr usualy not in form of money, but in form of Qur'an, sajadah (prayer mat), and mukena (woman's salah clothe). Money is additional mahr that not mandatory.

And, do Muslim women have a right to ask divorce, or get divorce?.

From what I know, ulama are not in single opinion about it. There are ulama who allow women to ask divorce, there are ulama who forbid women to ask divorce. Ulama in Indonesia allow women to ask divorce with acceptable reason. Indonesian Muslim women can go to KUA (sharia affair office) if they want to get divorce. But from what I've read, ulama in Saudi Arabia issued a fatawa which mentions, women should not ask divorce.
 
It's me again.

Just wondering, you haven't married, but you have started asking about divorce?

^o)
 
thank you for your response, lol yes you are right about marriage, but I must be aware of my rights well before I get married, since most people in my country are not willing to give this right to women, i.e it is optional, not mandatory. I want to be sure nobody steps up on my rights...:skeleton:
 
I think what you're referring to is khula, it's when a woman wants to exit the marriage contract she can do so through khula but she has to return the dowry. I think its used when men refuse to give divorce. You can't be forced to stay in a marriage you don't want to if that's what you're wondering.
 

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