Divorce

[Beyond Tradition]

Dear Brother Joseph
 Assalamualikum  .  I have gone through many articles over the divorce . My question is  ... Has women right to divorce her husband ?
Yes or no in quran's perspective . If women has no right to divorce her husband then how Quran make sure the security of a women when she fears her husband ? I will be glad to have this explicit answer according to Quran .

[Hamzeh]

Wa 3alykum assalam

Dear Beyond Tradition

I know these questions are for brother Joseph, I will in the mean time try to give you some evidence as to the facts that I understand from the Quran.

There is a clear verse that instructs believers not to take women forcibly or inherit them against their will (4:19).

Also in my humble opinion verse 4:128 seems to give the permission to separated couples to comeback together in peace without a need to re-establish the marriage process by insisting that there is no blame on them...

The verse seems to suggest the wife would be the one who initiated the separation or the one who fled from her husband due to fear of ill-treatment/rebellion/hatred/etc or desertion from her husband.

However if the problem has been solved and do not wish to divorce, there is no blame on them to reunite without the need of a marriage process again. This is further supported by 2 verses later 4:130 where if they wish to separate then God will compensate each out of His abundance.


4:19 O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.

4:128 If a woman feareth ill treatment from her husband, or desertion, it is no sin for them twain if they make terms of peace between themselves. Peace is better. But greed hath been made present in the minds (of men). If ye do good and keep from evil, lo! Allah is ever Informed of what ye do.

If a community was to judge under the Quranic laws, then one must also have a justice system that revolves around the Quran.

If the commandment is not to take women which are  already married against their will, this would mean that if a women felt she wanted a divorce then she is also eligible to apply for a divorce and the process will proceed given all the other guidance the Quran gives.

This is also not to say that one should not try to resolve small matters but in serious or any situation one feels the need to divorce the Quran seems to give the right to both.

If anyone sees any errors in my understanding please advise

May God reward you all Insha'Allah

Salam

[Joseph Islam]

Dear Beyond Tradition,

Wa alaikum assalam

As has been correctly alluded to by brother Hamzeh, there is indeed a strong implication in verse 4:128 which includes a provision for an aggrieved wife to seek redress in a manner that satisfies her in the serious situation of fearing cruelty / ill-treatment / desertion / rebellion / hatred (nushuz). This arguably can include any settlement / agreement such as seeking divorce. [1].

004:128
"If a woman fears cruelty or desertion (Arabic: Nushuzun) from her husband, there is no blame / sin on them if they arrange an amicable settlement (sulhan) between themselves; and such settlement is best; and (even though) souls are swayed by greed. But if you do good and practice self-restraint / fear (God), God is well-acquainted with all that you do"

However, any potential recourse to divorce proceedings would not negate the requirement for full arbitration and a genuine attempt to exhaust all possibilities of reconciliation. Divorce is not a light matter and this action has been taken very seriously by the Quran.

Please also kindly note that the noun 'sulhan' and verb 'yuslihu' also includes the nuance of reconciliation, compromise and peace.

It is also important to remember that a woman can also have specific conditional clauses in her marital contract (nikaah) that can nullify the marriage and give her the right to unilateral divorce if those conditions come to fruition. This can include actions such as a man taking another wife during their marriage or another adverse action which they both agree will not occur during their marriage.

I hope this helps, God willing
Joseph


REFERENCES:

[1] Section 4, DOES THE QURAN REALLY SANCTION BEATING OF WIVES? [article] http://quransmessage.com/articles/does%20the%20quran%20sanction%20wife%20beating%20FM3.htm
[2] ISLAMIC DIVORCE
http://quransmessage.com/articles/divorce%20FM3.htm

[Hamzeh]

Thank you brother Joseph for further elucidating the matter.


I also see now that the phrase " there is no blame / sin on them if they arrange an amicable settlement (sulhan) between themselves" is not only restricted to reconciliation but also any agreement, compromise, settlement, seeking divorce or peace.

Ramadan Mubarak to you and your family Insha'Allah

Salam