Can woman initiate divorce.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Salamalaikum brother

 

first of all i thanks for clearifing the misconsaptions and querys  of indiviual persons.

 

My query is that in islam it is said that men as the right to give divorce to his wife if he as some problem like misunderstanding or due to some what they are not ready to live to gather. but why wife dose not have the  rigth to give divorce to her hasband if she as problem with him because it is found that most of the time hasband ambaries his wife ,beat her unnecessary ,have relationship with some otherwomen, try to impose

restriction on her, or make her life miserable.dosnt she have the rigth to give devorce under such circumstances.

because this query is asked many times by the non muslimes to me.tell me how to ans them so that they can understand  the true religion islam

 

can a women apply for divorce and pls give me some evidences and verse of the holy quran + hadis tell about this query

 

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Answer:

 

Can woman initiate divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: ..but why wife dose not have the  rigth to give divorce to her hasband if she as problem with him

Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar

The Prophet (saws) said: Of all the lawful acts the most detestable to Allah is divorce.

 

Dear and beloved sister in Islam, as much as the guidance of Islam strives to maintain the sacred institution of marriage, if for any reason one is unhappy in ones marriage, or ones rights in marriage are being unfulfilled or usurped.both the husband and/or the wife in Islam are well within their rights in Islam to initiate a divorce proceedings in their marriage. Thus it is neither true nor accurate that a woman in Islam does not have a right to divorce her husband.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229:

229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).

 

The only difference between a divorce initiated by a husband and a wife in Islam is that if the husband intends to divorce his wife, he has to announce his declaration of divorce, whereas the wife who seeks divorce either asks her husband to declare a divorce upon her, or if he refuses her request, she would have to initiate a divorce proceedings against her husband in a Shariah Court. But without an iota of a doubt, both parties in the marriage have a right to initiate a divorce proceeding, if they indeed wish to do so.

 

One may wish to inquire the wisdom behind the guidance why it is necessary for a wife when she seeks a divorce to either ask her husband to pronounce divorce upon her or to go to court, when the husband has to merely pronounce divorce when he intends to divorce his wife.

 

Islam has laid the complete financial burden on the shoulders of the men, and a groom is required to bear not only the complete cost of the wedding, the banquet, the clothing, the gifts, the jewelry, the travel, etc. but he has to present a substantial gift mehr determined by the bride at the time of marriage as an absolutely obligatory condition of a marriage in Shariah.

 

If the wife had been given the right to obtain divorce by merely declaring it, there is a possibility of abuse whereby the wife could divorce the husband the very next moment of the nikaah, thus leaving the husband with a substantial financial loss.

 

Allah Says in the Holy Quran Chatper 4 Surah Nisaa verse 20:

20 But if ye (husbands) decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?

 

If the wife initiates a divorce proceedings she would be required to return the gifts and the mehr she received from her husband; but if the husband initiates a divorce, he has absolutely no right to demand or take back anything he might have given his wife in the marriage, even it be a whole treasure!....thus if the husband opts to divorce his wife, he should be willing to bear a substantial financial loss upon himself. In this way, the rights of both the husband and the wife are adequately protected by Islam.

 

If one trusts, obeys, and follows the guidance and commands of Allah and His Messenger (saws), one can be assured of never ever being misled; but if one believes, obeys and follows any other guidance, other than that of Allah and His Messenger (saws), one can be assured of being led astray.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan