What PakiAmerican is saying is not really practicle for the purposes of this thread (I mean it's really detailed..and we honestly don't need to get into such detail). ....
But i;ll give it to you anyways...
And the point remains the same, a wife has the right divorce her hubby for reasonable reasons...
When khul doesn't work (which happens very rarely) the wife will seek annulment from an Islamic court or a committee (in non-muslim countries).
1) The following are the grounds on which the wife may seek a divorce from her husband at a court of an Islamic country or in the absence of an Islamic Court (as in western countries) from a committee of a few religious people that consists of at least one scholar of Islamic law:
a) Inability or refusal of the husband to financially support his wife (even if she happens to be rich, it is still the full responsibility of the husband to maintain her).
*b) Abuse and mistreatment of the wife (which includes beating and swearing, cursing and attempting to force her to do wrong). *
c) Impotence or any other illness that prevents the husband from fulfilling the wife’s sexual needs (in recognition of the wife’s legitimate instinctive needs).
d) Incurable, repulsive disease in the husband like leprosy (or aids according to the contemporary scholars).
e) Insanity in the husband.
f) Extended absence or desertion of the husband.
g) The husband deceiving and concealing information regarding himself at the time of marriage.
h) The relationship becoming severely damaged, in that there is allot of hatred between the spouses and it is impossible for them to live a peaceful life.
The above are brief examples in which a woman can seek a divorce. There are certain rules, regulations and principles with regards to the procedure, and one should consult a reliable scholar before taking any action.
2) There are certain situations where a woman may get a divorce even without the intervention of an Islamic court:
a) Delegating of the husband, the right of divorcing, to the wife after marriage,
b) Delegating this right at the time of contracting the marriage,
c) Delegation of this right before the marriage and the marriage is attributed to this delegation,
d) Conditional delegation, where at the time of signing the marriage contract, the wife stipulated certain conditions to her husband, the breach of which would result in a divorce.
In conclusion, Shariah primarily gives the unilateral right to divorce to the husband. However, under certain conditions, the wife also has a right to seek for the annulment of the marriage. This is the ruling that was chosen for us by our Creator and it is totally in accordance with logic, common sense and the betterment of the society as a whole.
And Allah Knows Best
Muhammad ibn Adam Darul Iftaa Leicester , UK
I agree with all of it 100%. And that is exactly what I been saying in my response.
Regards