Does a Woman Have a Right to Seek Divorce Based on 4:19?

Started by Reader Questions, May 11, 2012, 05:37:43 AM

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Reader Questions

Dear Mr. Joseph,

Does 4:19 gives woman right to seek divorce like man does?

what is meaning of Tarisu-nnisa ( property of woman) or ( woman taken as inherited property i.e. taken for granted ).

Rgds

Joseph Islam

Salamun Alaikum.

Yes, I personally feel there is scope within verse 4:19 to interpret it that way.

There is a strong suggestion that 'keeping a wife against her will' is implied by the Arabic "wala ta'duluhunna litadhhabu biba'di ma atayumuhunna" (and do not constrain them so that you may take a part of what you have given them (dowry)) and the preceding 'tarithu-nisaa karhan (you inherit women by force). There is a general theme that connects the two together in my personal view.

Yarithu comes from the verb 'waritha' which basically means to be an heir or to inherit. So what is being curtailed is keeping a wife against her will so that her wealth (what she possessed and that which was given to her) remains 'inherited' with the potential to be consumed.  So this is a reference to the property of woman albeit that she and her property are also implied as being one of the same in this context in the eyes of those that keep women forcibly.

I hope that helps, God willing.

Regards,
Joseph.
'During times of universal deceit, telling the truth becomes a revolutionary act' 
George Orwell