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:

Asalam alakum. May Allah shower his blessings upon you for guiding so many muslim men and women to the right path. I`ve a question that i tried to search in many books of islam but never got an answer. My question is that "No woman wants to break her marriage if she`s happy with her husband but when a woman takes this step because her husband tortures her so much (physically/mentally) that she reaches to the verge of seperation, here she`s is not entitaled to any sort of compensation. Why is that so? Woman`s life is always effected most after divorce or khula because she has to live in the same society and face same people, but she is not given any right of compensation if she asks for khula. Rather man is authorised to blackmail her more and can ask for money/compensation to let her go and live her own life. What is this? Why is there no protection for women? Same man tortures her up to the limit and when she wants seperation she has to give money to the same man. Why? Is woman a slave who can`t enter or go out of a man`s life without money? When the soul cause of seperation is any of those where husband is responsible for conflicts and khula, why wife should not expect compensation, rather she has to pay him? What for? To give her a name "Talaq Yafta"?? Please answer my question as soon as possible. I`ll be very obliged. Thanks. Allah hafiz 

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Answer:

Why no alimony to wife 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: ….here she`s is not entitaled to any sort of compensation. Why is that so? Woman`s life is always effected most after divorce or khula because she has to live in the same society and face same people, but she is not given any right of compensation if she asks for khula.

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 20-21:

20 But if ye decide to take one wife in place of another (by giving divorce to the first wife) 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?

21 And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?

Islam declares that if it is the husband who has pronounced the divorce, it is not lawful for him to take back absolutely anything of what he has given his wife, even if it were loads and loads of wealth and gifts.

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 (if the husband is the one who gave the divorce)) 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 (if it is the wife who has initiated the divorce). These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons are the wrong-doers.

But if for any reason it is the wife who wishes and initiates a divorce (khula), if the husband wishes, he may demand that she pay back the ‘mehr’ he has paid her; and if he wishes, he may opt to take only a part of it, or even forgive it all together. To demand or take back or forgive the ‘mehr’ after one’s wife has divorce her husband, is entirely upon the decision of the husband.

The wisdom behind this command of ‘mehr’ in Islam is to protect the rights of both the man and the woman.

The man is commanded to pay his bride the ‘mehr’ at the time of marriage, and it is also his duty and responsibility to bear the financial burden of the marriage, ‘walima’ feast, gifts, etc. If this condition was not ordained, any man could go and marry a woman without paying a penny, spend a night or couple of nights with her, fulfill his desire with her, and then divorce her…leaving the poor woman high and dry! Thus to protect the rights of the woman, Allah Subhanah has commanded that the man pay a substantial ‘mehr’ to his bride at the time of marriage, bear all the expenses associated with his marriage…so that if he ever decides to divorce his wife, he will bear a substantial financial loss upon himself, knowing fully well it would be unlawful for him to recover even a cent after he pronounces a divorce.

Conversely, because it is the ordained duty and responsibility of the husband to bear all the expenses of marriage like ‘mehr’, ‘walima’ feast, gifts, etc.; some unscrupulous woman could marry a man, take the ‘mehr’, gifts, jewelry, etc. at the time of the ‘nikaah’, and instantly divorce the man, leaving the man high and dry! But if the woman knows that she will have to return back the ‘mehr’ if she initiates the divorce, she will think carefully before initiating a divorce.

Thus sister, the Laws Enacted and Revealed by the Lord Most Merciful are to protect the rights of both parties.

Your Question: ….Rather man is authorised to blackmail her more and can ask for money/compensation to let her go and live her own life. What is this? Why is there no protection for women? Same man tortures her up to the limit and when she wants seperation she has to give money to the same man. Why? Is woman a slave who can`t enter or go out of a man`s life without money?

We reiterate again sister, what if the bride at the time of her ‘nikaah’ accepts the ‘mehr’, the gifts, the jewelry, etc…..and the man bears the full burden of the marriage, the feast, the party, etc….and the very next moment after the ‘nikaah’ the woman were to declare a divorce without any fear of compensation! What about the protection of the rights of the husband in such a situation???

Besides Islam does not demand that the wife who initiates a divorce pay from her own pocket……if the husband initiates a divorce, she keeps the ‘mehr’ and all the gifts and the jewelry she received during the period of the marriage….but if perchance it is the wife who wishes to initiate a divorce in the marriage, she has to pay back only what she received as ‘mehr’ and ‘gifts’ from her husband, still leaving the husband to bear a substantial financial loss regarding the expenses he incurred at the marriage and the feast, etc.

We absolutely assure you in the Blessed Name of the Lord Who Created sister, no combination of laws enacted by human beings could be fairer or must just, or able to protect the rights of all the parties concerned…… better than the Laws Enacted and Revealed by the All-Knowing, All-Wise Lord, Most Merciful, Most Gracious.

Allah says in the Holy Quran Chapter 33 Surah Ahzaab verse 36:

It does not behove a believing man and a believing woman that when Allah and His Messenger have given their decision in a matter, they should exercise an option in that matter of theirs. For whoever disobeys Allah and His Messenger, has indeed strayed into manifest error.

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 Allah’s 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