Divorce

[Hajira4545]

Can women initiate divorce according to Quran? I know men can basically initiate it without any reason or nushuz involved, and they don’t need any help from court where as women traditional have been barred from initiating divorce at all and in cases they do they have to pay back mahar and that too only in cases of abuse and also the husbands permission  is needed which makes no sense.  This all has been disturbing me a lot.

[optimist]

The Quran has ordained equal rights and obligations for a husband and a wife. Let us look what Quran instructs. It says: (4:35) "If you fear a breach between them (the couple), the concerned authority should constitute a board of arbitration consisting of two members, one from his family and the other from hers. Thus if the husband and the wife make up their minds for reconciliation, the two arbiters should attempt to bring them close to each other. The Divine Law shall bring about reconciliation because the law is based on Allah's Knowledge, Who is acquainted with all things."

Here the term includes both man and woman, i.e, the complainant may be the man or the woman; in both cases it is the duty of society to appoint an arbitration board.

If the woman feels an excess or disinclination from her husband, even then they try to patch up their differences amongst themselves or ask for a board of arbitration to be appointed. Thus it said: (4:128) "And if a woman fears ill-usage from her husband or desertion, no blame is on them if they effect a reconciliation between them for amicable settlement is always good", (or otherwise ask for the appointment of a board of arbitration).

In Surah 'Al-Mujaadilah' (58th Chapter of the Quran) it is said: (58:1)

"Allah has indeed heard the woman who was disputing with you concerning her husband, and complaining to Allah (about the maltreatment she was receiving at the hands of her husband) and Allah was hearing the contentions of both of you. Surely Allah hears and sees (all things)."

This also makes it clear that a woman can take her case to a court of law and has full right to apply for divorce; however, the first priority of the court of arbitration shall be to bring about reconciliation between them.

[Wakas]

peace Hajira,

Please see:
http://www.quran434.com/wife-beating-islam.html
(it discusses divorce in Quran in detail)

Can women initiate divorce according to Quran?

Quotes from my posts on free-minds:

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.