CAN A MUSLIM WOMAN DIVORCE HER HUSBAND?
The question was asked in the thread, Divorce by e-mail: CAN A MUSLIM WOMAN DIVORCE HER HUSBAND?
The Islamic code of Khula makes that possible but the question is: WOULD SHE DARE ASK FOR DIVORCE?
Most muslim women Dare not! After all thousands of Pakistani women and girls are stabbed, burned or maimed every year by husbands, fathers or brothers who believe they have brought them shame by being unfaithful, seeking a DIVORCE or refusing to marry a man chosen by the family. If a victim dies, the crime becomes an “honor killing,” a term that has come to symbolise the cruel irony of a conservative Islamic society that purports to shelter women, yet often CONDONES savage violence against them in the name of male and family honor.
Human Rights Commission of Pakistan reported that in 1998 and 1999, more than 850 women were killed by their husbands, brothers, fathers or other relatives in Punjab province alone. According to lawyers and women’s rights advocates, many such cases are never brought to trial. They say police are easily bribed or persuaded by the men’s families to dismiss the complaints as “domestic accidents.” Many victims, especially uneducated women confined to their husband’s homes, are too intimidated to press charges.
“Sections of society continued to regard any expression of independence by women as an infamy, and the only way to restore the family’s honor was to promptly put an end to the life of the transgressor,” the Human Rights Commission said last year. The subordination of women was so “routine,” the group noted, that domestic violence was widely considered “NORMAL” behaviour–even by the victims themselves.
Moreover, under another Islamic legal concept called qisas and diyat, a blood relative of a victim can formally “forgive” a crime in exchange for payment, with specific sums prescribed for damage to each body part. Whether the codes of qisas and diyat contribute to violence against women is open to discussion.
ARE MEN SUPERIOR UNDER ISLAM & QURAN?
[an-Nisa’ 4:34] “Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.” (translator: Pickthall)
“Men are the protectors and maintainers of women, because Allah has given the one more strength than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient”. (4:34) (translator: Abdullah Yusuf Ali)
“Men have authority because Allah has made the one superior to the other, and because they spend their wealth to maintain them…” (4:34) (translator: M.M. Khatib)
Men have a degree of advantage over women. This concerns the qualities of leadership, surveillance and maintenance which are bestowed on men. To this end the wife must neither receive male visitors nor accept gifts from them without the husband’s approval. The husband has the legal right to restrict his wife’s freedom of movement such as leaving the house without his permission. Thus the husband can forbid her family visiting her or his wife from visiting her family.
Islamic law recognizes the husband’s right to DISCIPLINE his wife for disobedience. Quran [an-Nisa’ 4:34] referring to woman clearly stipulates: “………As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them……”
Rape against woman can only be proven if there are four adult male witnesses. A female’s testimony is not even taken as half-value in the case of capital crimes. If the case is unproven, the woman can be charged with fornication which carries the death penalty. There are thousands of women in jail in Pakistan charged with zina.
In Egypt the punishment for an adulteress is two years’ prison sentence. For the man the punishment is only six months. If a man is caught in the act with a prostitute, he is not punished but used as a witness against her.
Man can have up to four wives. Islamic laws of inheritance, similarly, discriminates against females and widows.
Beginning to notice a pattern here! Knowing what you know now, would you – a Woman, ask for a Divorce? Please note: the case is made for majority of women not well-offs or those born into liberal families.
Islam prefers to see marriage as a life-time commitment but if this is impossible then divorce may be necessary. In most cases the husband divorces the wife and loses his dowry. The least approved form of divorce is Talaq al-bida where the husband says to the wife: “Talaq. Talaq. Talaq”. Also irrevocable is Talaq al-Bain where the husband pronounces “Talaq” on three separate occasions. This is a less hasty form of divorce and so is more preferred.
A Woman, Under Islamic law of KHULA, may initiate a divorce against her husband as follows:
Khula’ is when wife has a dislike for her husband and ASKS HIM to divorce her in exchange of a sum, or all or part of her MAHR. In such a case, when the husband agrees to divorce, he forfeits the power of revocation, except when the wife agrees to take back the money or ransom she gave. It is not permissible for a woman to seek divorce from her husband unless she has borne ill-treatment from him or unless she has an acceptable reason which requires their separation. Said the Prophet, “If any woman asks her husband for a divorce without some strong reason, the fragrance of the Garden will be forbidden to her.”
Mubaraat is when dislike is mutual, and in this case also the wife has to pay some ransom to the husband. However, the ransom paid in the case of Mubaraat should not exceed the Mahr. This divorce is also absolute.
If the husband himself wishes to pronounce the formula of Khula’ divorce and his wife’s name is, say, Fatima, he should say after receiving the property: “Zawjati Fatimatu Khala’tuha 'ala ma bazalat” and should also say as a recommended precaution: “Hiya Taliq” i.e. "I have given Khula’ divorce to my wife Fatima in lieu of what she has given me, and she is free’. And if the wife is identified, it is not necessary to mention her name in Talaqul Khula’ and also in Mubarat Divorce.
Under Khula – Judges, in Egypt, for example, give the couple three months to try to effect a reconciliation and six months if they have children. An immediate divorce will be granted at the end of the trial period if they don’t change their minds. Scholars admit that under laws of Khula – only rich women would risk losing dowry or alimony; for the poor – the law means very little. However, it’s a step in the right direction!
When Morocco put forth proposals to ban polygamy, raise the legal age for marriage from 14 to 18 and allow women half their husbands’ wealth in case of divorce or death, the fundamentalists took to the street in angry demonstrations, loudly chanting:
“We defend Islam with our bodies and souls”