Divorce

[Cawralo]

Salama Alaikum wr wb.

 

Can a woman divorce her husband? I've been told that she must have a good 'reason'. What qualifies as a 'good reason'?

 

Please add hadiths and ayas..

 

Jazaka Alahu Khairun

[Warrior of Light]

Can a woman divorce her husband?

Yes,The Ulama base it on this ayah of the Quran 2:229' And if you (the judges ) fear that the way not be able to keep to the limits ordained by Allah, there is no blame on either of them if she redeems herself (from marriage tie by returning all or part of the Mahr)........

 

 

I've been told that she must have a good 'reason'. What qualifies as a 'good reason'?

Good reason i dont know but came across this narration.

 

The wife of Thabit bin Qais told the Prophet SAW 'O Prophet I do not approach Thabit bin Qais in respect of Character and religion , but I dont want to be guilty showing anger to him. The Prophet SAW asked her' What have you received from him 'She answered 'a Garden 'and she was willing to part from it.

The Prophet SAW decreed' Accept the garden and make one declaration of divorce'.

 

 

Im sorry couldnt find the strong reason but do remember being told if your husband becomes unbeleiver you should divorce him. One of my teachers once told me that if he is impotent you may have a case But ALLAH YALAM coz havent read of anything of that sort.

 

Came across another hadith which says 'If any woman asks her husband for a divorce without a strong reason, the fragrance of the Garden will be forbidden to her. 'If any woman asks her husband for a divorce without a strong reason, the fragrance of the Garden will be forbidden to her.

 

The source i refered from was The prohibited and accepted in Islam (Al Halal wal Haram Fil Islam)written by Yusuf Al-Qaradawi.

 

Allah knows better . hope you can find more info through the net or by asking the Ulama.

[pearl]

i dont remember the exact hadith, but the story goes something like this " a woman was watching her husband hanging around other more good looking guys, and she decided that she wanted to divorce her husband simply because her husband was not so good lookin like the others. the prophet s.a.w. was told about her or she told him...that she wanted a divorce based on that and after trying to change her mind the prophet s.a.w, said if she wanted it soo bad, she could get it..ie. a divorce."

 

now would that qualify as a good reason...i dont think so..i mean where were these guys when she was single and what happened to her marriage vows, do they just disappear when a hot guy is in town?

 

if u really want the hadith, i will try and find it and let u know, but no garantees. if ur really interested in this issue go a person who is more learned about it.

[rudy-Diiriye]

looks r like a dozen a dime! u cant judge a book by the cover! and u dont wanna go against the grain! na'mean! what the main man said (saw).

 

so, just chill with who your heart feels the most!

 

love is a crazy thing! dont follow that road too deep or u will get lost!

 

if there is no mutual attraction, love, repect then, its over......! done deal! at least to me!

 

but, i willing to listen to any other says about this topic, since this is playing in corner now!!

 

i heard this that if u and the wife dont live together 4 yrs, than that qualifies for an auto-magical divorce!! any clue anyone!!

[Warrior of Light]

Rudy,

i heard this that if u and the wife dont live together 4 yrs, than that qualifies for an auto-magical divorce!!

Yes heard of it too some Ulama have reduced it to three. Something else i remember reading if ur in the Islamic army your not allowed to be away from your family for more than 3 months. Rotations are done was first implemented by Caliph Umar AS if im not mistaken.

 

CAWRALO,

 

What qualifies as a Good reason ?

The Holy Quran permits a wife to ask for a divorce only on legitimate grounds, such as fears of cruelty or desertion. It states:

 

"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." (Quran sura 4, aya 128).

Thus, when a wife feels that her husband is failing to perform his marital duties, she can obtain her release from the marriage by giving up all or some of the dower she received at the time of her marriage. In consideration of this, the husband agrees to the "khul", and the divorce is complete. However "Khul" case has to go to court, where the Qadi must first of all ascertain whether the wife really dislikes her husband so much that she cannot live with him anymore. If the court is satisfied, it will fix as compensation anything that it considers proper, and the husband will have to accept this and divorce his wife. All four jurists are generally of the option that the compensation should not exceed the dowry given by the husband at the time of marriage.

 

 

Qn: Wondering when you married did you make any clause regarding your marriage status?

 

Islam had also done much to protect the wife's rights and to save her from having to continue to live in an unhappy environment. Among beneficent measures are the following:

 

1. the wife can insert a clause in the marriage contract ensuring that

(a) incompatibility of temperament

(b) maltreatment

© refusal of maintenance

(d) unannounced journeys

(e) the taking of another wife without consultation

 

are so provided against that if any of the above five conditions is broken she can approach a lawyer to obtain a divorce for her through the courts.

 

2. the wife can make it impossible for her husband not to divorce her by being intolerably refractory, vexatiously shrewish or deliberately incompatible in relationships, familial, sexual or social;

 

3. the wife can resort to the courts if the husband has been incapable or negligent in supplying her with maintenance or has put obstacles in the way of her obtaining it ; or if either partner deprives the other of conjugal rights or fails in marital duties; the Muslim Qadhi, if the woman' s plea is proved, can compel the husband to treat her right, to be reconciled, to disburse the proper sums, to confer her rights upon her in every form : and if the husband proves recalcitrant, or refuses to obey the judge's orders, the judge can then compel him to divorce his wife;

 

4. the wife can enter a plea in the Islamic court and obtain an injunction if the husband accuses her of lewdness, unchastity or unfaithfulness, or denies his own paternity of her child : if the husband cannot prove his case the judge will order the husband to separate himself from his wife in accordance with the relevant legislation;

 

5. the wife may, in the case of intolerable revulsion or aversion, in a simple fashion bring about a discontinuance of their union by renouncing a large part of her marriage portion, while freeing her husband from his obligation to pay her alimony during the "Iddat" breathing-space period;

 

6 the wife, if the husband absents himself so that no news of him reaches her and she falls into financial or other difficulties, can resort to the courts and request a divorce. the judge will then perform the necessary formalities to annul her marriage contract.

 

There are cases in which resort to the court by the wife is statutory . There are also cases in which she can divorce her husband without legal aid, as in cases of certain grave chronic diseases like leprosy or elephantiasis; or because of the onset of lunacy, or of physical defects which prevent marital intercourse, like impotence or castration of the husband. For these Feqh gives the wife haqq-i-faskh - the right to the rescinding or annulment of the marriage, which "faskh" is not the same as the khul' divorce, and does not involve the same financial renunciations by the wife as khul' does.

 

Well this is what i have found out wanted to share. Still advice you to see the Ulamas.

Allah YaAlaam.