Women and Divorce

[Tasleem]

Assalam-o-Alaikum,

I recently came across an article which stated that in Islam, a woman has the right to obtain divorce from her husband even on the grounds that she "simply can't stand him". Can you please provide me with the correct rulings as to the rights of women in obtaining a divorce in Islam.

Jazakallah khair.

[Imam]

Allâh, with His Name I begin; The Most Merciful, The Most Compassionate.

KHUL’A DIVORCE: According To Islamic Sacred Law

Islâm lays great emphasis on the importance in observing and guarding the individual rights of each human being. In particular, it is vital to protect Matrimonial Rights through the Solemnized Marriage Contract [‘aqd al- Nikâh]. This enables both partners to maintain mutual trust and confidence. The Marriage Contract serves as a useful Contractual Agreement and Affair between the Husband and Wife, provided that the Matrimonial Rights are mutually observed and fulfilled and their honour and dignity is upheld.

If however, the Right’s of the Wife, and that which is Legally and Morally due to her is not upheld, which leads to immoral behaviour, cruelty, oppression and transgression, or the Wife decides to end her Marriage in any circumstances [due to the husband’s failures], or she fears [the occurrence of] enmity, mischief, tribulations and disorder, then the married woman is allowed to dissolve her Marriage Contract through Khul’a and is not forced to tolerate what seems to be intolerable for her. In Islamic Sacred Law it signifies an ‘Agreement’ entered into for the purpose of dissolving a conjugal relationship, in lieu of a compensation paid by the wife to her husband out of her property.

The Noble Qur’ân makes it clear that a wife is entitled to ask her husband for a divorce [Khul’a] if she fears cruelty or desertion from him. It lays down:

“If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though man’s souls are swayed by greed. But if you do good, practise self-restraint, Allâh is well-acquainted with all that you do”. [4:128]

It must be noted that Khul’a must only be asked in extreme circumstances. It must not be resorted to on flimsy grounds. The following Hadîth of the Prophet, Salla Allâhu ‘alayhi wa Sallam, bears a warning to women who ask for Khul’a without any reasonable ground:

“If any woman asks for divorce from her husband without any specific reason, the fragrance of paradise will be unlawful to her.” [Fath al-Qadîr]

If 'Simply can't stand him' is a result of the husbands failure's for the aforementioned reasons then, yes, there are valid grounds for seeking a 'Khul'a Divorce'.

The following is a SPECIMEN of such a 'Khul'a Agreement'.

‘Khul’a Agreement’

I _____________________________________ Wife of _____________________________________

have duly returned the Dower paid to me. This marriage is hereby thus dissolved by Khul’a today, the ________ of ________________ , 2003.

[The woman, must observe the ‘iddah; three menstrual cycles before marrying again. Both parties must restrain from enmity and any evil doing.]

The Holy Qur’ân encourages reunion of the divorced parties, and considers it meritorious to cancel divorce, with mutual consent during the continuance of the ‘iddah. The Qur’ân says:

“And when you divorce women and they have completed their ‘iddah, then either retain them with humanity, or dismiss them with kindness, and retain them not with violence, so that you transgress, for he who does this, surely injures his own soul.”

This Marriage is Hereby Decreed Cancelled by Me _______________________ [Signature] by means of Khul’a strictly according to Islamic Sacred Law.

Date: __________________

And, Allah, The Most Exhalted & The All-Knowing knows best.