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Can women initiate divorce according to Quran?
To my knowledge, the husband is the one who initiates divorce/talaq, however the wife can release herself from the marriage but it is not called talaq explicitly in Quran. In practice the end result is the same. It could be considered nomenclature for the time.
If a woman wanted divorce she can ask her husband to divorce her, but if the husband does not divorce her, she can inform the authority herself and request a release from marriage. Whilst different words are used the procedure is actually the same for both men/women, as the husband would also have to notify the authority if he wished to divorce.
Salamun alaykum,
https://youtube.com/shorts/iVYDLDjlMRs?si=PSC5nsA3KK1gAMiS
So, Rumzi states it can be better clarified and gives a very logical example. So from the Quranic perspective, why does the Qur'an need any further explanation or complementary materials that gives more detailed instructions or detailed history?
How does that in any way highlight errors with or disprove The Quran?
I'm sorry but your credibility is fading.
1) for Khula or ransoming out of the marriage does wife need the husbands agreement? If she does then what happens when the husband forces her to stay when she doesn’t want to?
....... it does give a guideline and mentions situations and conditions that should be considered before marriage:
Determining mutual attraction/compatibility [2:221, 2:235, 30:21, 33:52]
Ascertaining whether the potential partner is of similar beliefs/faith [2:221, 60:10]
Discussion of and agreeing to the level of dower and other terms (if any) [4:4, 4:24]
Understanding and mutual acceptance of marriage as a solemn/strong oath/contract [4:21, 2:232, 2:237, 24:33]
If male, capable of providing for the family/household [2:228, 2:233, 4:34, 65:6]
To have physically matured / post-puberty [4:6, 24:31, 24:58-59]
To have the marriage contract/oaths witnessed [2:235, 2:237, 2:282, 65:2]
If the marriage is unsuccessful, one should also be capable of undertaking divorce proceedings, e.g. separation period, arbitration, discussion of settlement etc [2:226-232, 2:241, 4:35, 4:128-130, 33:49, 65:1-6].
To understand the sequence of events, we must fully understand the divorce procedure according to The Quran:
'cooling-off' period for those who swear away from their wives sexually, limited to 4 months [2:226]*
after this 4 month 'cooling-off' period, the options are: revert to normal relations or divorce/talaq [2:227]
post-divorce interim/waiting period is 3 menstruation periods or 3 months, if pregnant it is until they deliver, if widowed it is 4 months and 10 days [2:228, 2:234, 65:4]
if no sex has taken place after marriage, then no interim period is required after divorce/talaq [33:49]. Compensation may be due however if dower was agreed upon [2:237]
during post-divorce interim period, wife remains in the same house, and is compensated by way of maintenance during this period in the same living standard as the husband, each according to their means [2:236, 2:241, 65:1, 65:6-7]**
divorce is automatically retracted if sex between the couple takes place during the interim period [inference from 2:226, 33:49, 65:1]***
if couple reconciles, then divorce/talaq may be retracted twice during interim-period. If divorced a third time it is final unless she marries another then they divorce, only then can original partners re-marry. If the couple fear they will not maintain God's bounds, then wife may give some dowry back to release herself [2:229-230]
if couple still wishes to follow through with the divorce/talaq after the end of the interim period and undergo final separation, then two witnesses are required to complete the process [65:2]
exceptions exist, in certain situations [60:10-11]
the onus is upon the person in the wrong to rectify the situation or initiate divorce/release, and it is an obligation upon the contract-breaking party to compensate the other [2:229, 2:237, 4:19, 4:128-129, 33:28, 60:10-11]
As a side note, the last point is also mentioned in traditional Islamic law and sources, see M.Asad's note on 2:229. This system would also protect the male if he were to marry a female who only did so for his money or the marital gift then she wished to end the marriage later, because since the contract-breaking party compensates the other partner, she would have to do so accordingly. Similarly, this would protect the female if she were to marry a male who only did so for lustful reasons then wished to end the marriage later, as he would then have to compensate her.
*Also possibly provides a time limit due to a practice of the time in which husbands did not have sex with their wives but also did not divorce them, see 58:1-4, 33:4; i.e. leaving them in a state between marriage and divorce. Similar to what is implied by 4:129.
**And the same goes for the lesser situation of 'cooling-off' period. Obviously, the wife would not be removed from the home for the lesser serious 'cooling-off' period then brought back just for the post-divorce interim period.
***Inference from 2:226 is that resumption of sexual relations is equated to reconciliation, thus no initiation of divorce. Hence, same proviso for post-divorce interim period, i.e. sex = reconciliation.
From the plural usage in the following verses it can be seen that the court/authority becomes involved post-divorce/talaq:
2:229 ("... and if you (plural) fear that the couple will not uphold God's limits...")
65:1 ("... and you (plural) keep count of the period...")
Which makes sense, because it is only after divorce/talaq that the authority would be needed to make things official and ensure The Quran's laws are being followed, e.g. record divorce date, keep count of the interim period, possible examination of marriage contract, mediate, determine compensation/maintenance, living arrangement and any settlement (if disputed).
Thanks for your thoughtful work, brother Wakas.
