'Khula' and Woman's Right to Seek Divorce

[Reader Questions]

Dear Mr. Joseph,

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

What is the meaning of Tarisu-nnisa? Is it '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 with a view to keep her wealth in possession.
 
I hope that helps, God willing.
 
Regards,
Joseph.

[Reader Questions]

Further comments

4:19 - It is agreed that you can not inherit woman against her will or force her for what you have given her as dowry.  But later the phrase says 'stay with her in kindness'? How can one then deal with her on equal terms?

I ask this as here, the discussion is not to force her or to inherit woman

As 65:6 requesting them (HUSBAND/WIFE) for mutual counsel together as to what should reasonable / equal term? 2:228 to deal reasonable or equally?

Also 4:20 says if you wish to change your wife? (something unilateral like change of cloth?). There seems to be scope for polygamy here - but up to what numbers is one allowed to change? 

This is something I am unable to grasp - please can you assist.  How do I reconcile my understanding?

[Joseph Islam]

Salamun Alaikum,


First Question Clarification:
 
The verse makes it clear that if the wife wants to separate, then they cannot have their dower back if they are guilty of open lewdness.  Otherwise, they are to be treated kindly implying that until the divorce procedure is fully carried out which is consistent with verse 2:229 (Reain with honour and a reasonable manner) and 65:6. Just because a woman wants a divorce, does not mean they do not have to undergo the full divorce procedure. This is an unwarranted assumption. Both spouses have to follow the full procedure of reconciliation, iddat, respectful habitation etc.
 
So in summary, if a wife wants a divorce, she needs to be allowed to undertake the procedure and no coercian should be meted out to retain her because of her wealth or what has been given to her (even if it is a heap (qintaran) of gold or wealth 4:20). In other words, life should not be made difficult for her on this account. However, she still needs to undergo the full divorce process (arbitration etc as shown in my illustration below).
 

Second Question:
With regards polygyny (not polygamy), what proof can you kindly provide that the Quran even stipulates a specific number? Do you feel that there is convincing proof that the Quran is remotely interested in stipulating a number of wives in any situation? If you respectfully do (traditionally 4), then I would have to respectfully disagree with this interpretation of 4:3, citing the following evidence:
 
MARRYING FOUR WIVES IN ISLAM
http://quransmessage.com/articles/four%20wives%20FM3.htm
 
As I am sure you will agree, we should not try to 'interpret' the Quran to fit our 21st Western concepts. The Quran came to a community in an era in which polygyny (not polygamy) was widely practiced. The simple fact is that the Quran never outlawed it but in various parts of the Quran confirms the practice. Some modern 21st century scholars have a huge problem with this and have unjustifiably in my  humble opinion tried to 'reinterpret' these verses without any warrant.

As you will no doubt agree, we should allow the Quran to speak for itself. If we want the Quran to say what we want it to say, then we might as well write another scripture.

I hope that helps, God willing.

Regards,
Joseph.


QURANIC DIVORCE
http://quransmessage.com/articles/divorce%20FM3.htm

[Reader Questions]

W/Salaam,

This helps to clear my understanding  that KHULA is not Quranic word and even woman needs to go through same procedure as men i.e. reconciliation, iddat, respectful habitation etc.

What is the meaning of Khula in Arabic and how did it get entry that people (including me) was accepting it as God's Law.

Rgds

[Joseph Islam]

Salamun Alaikum.
 
The Quranic verb khala'a from the same root KH-L-AYN means to take off, remove / cast something away, release, separate, displace or put off etc. You can see the imperative form 'ikhla' used in 20:12 with the instruction to Prophet Moses to take off his shoes.
 
The Quran does not use 'khula' as a term for a woman to be ‘released’ from her marriage in the way the concept is commonly understood by Muslims. This is based on later Islamic secondary sources, especially Islamic jurisprudence argued and canonised by men. However, the meaning of ‘release’ or to be removed from something is consistent with the Quranic meaning of the root word.
 
Regards,
Joseph.

[Reader Questions]

Salaam Alaykum,

God bless you for enlightening me / others. 

Regards