When woman is allowed to ask divorce?

Assalam u alaikum

What could be the reasons…she would be allowed to ask?as i ve knowledge alhamdulilah but still i want to know…

As the hadith says…

The Prophet (peace and blessings of Allaah be upon him) said: “Any woman who asks her husband for a divorce for no reason, the fragrance of Paradise will be forbidden to her.”

Narrated by Abu Dawood (2226) and al-Tirmidhi (1187); classed as saheeh by al-Albaani in Saheeh Abi Dawood

Now turn what would be consider “no reason”…

One of them..like in many cases husband doesnt allow to visit wife to visit her parents…obviously this seems no reason to ask divorce
Any other?
Secondly…i need to know what is basically the purpose of marriage in islam…
Why do we marry?and what islam says what to look when seeking rishta?

Re: When woman is allowed to ask divorce?

Why does this seem like not a reason to you? To me, this looks like a very big reason.

Re: When woman is allowed to ask divorce?

when a woman asks for a divorce, it's called a 'Kholaa~". a married woman can ask for a Kholaa~ from her husband/qaadii of an Shari'a court in the following circumstances:

*-mental/physical/emotional abuse
-sex by force [Islam encourages couples to recognize each others physical needs]
-failing to provide sustenance to her and to her children
-in case husband is missing/fate unknown due to war, kidnapping, absconding etc
-husband asks wife/children to disobey Allah in major issues
-forced confinement, not allowing his wife to meet her parents
-husband tries to take away her earnings/inheritence without her FREE consent
-you may be surprised but Islam DOES ALLOW a woman to seek Kholaa~ on the basis of her husband's looks and/or habits. dislike is enough a reason to get a Kholaa~
*

btw, sustenance means a reasonable one which husband can provide within his means, shelter doesn't mean a separate dwelling [the women of today often demand] clothing does NOT include expensive ones.

i may add more later if i recall another point.

Re: When woman is allowed to ask divorce?

^Yes these are all valid reason. I actually sat down with some sheikh and did my own research as follows. And most of the scholars agree that… “no reason” implies lying on khulla decree. And trying to justify something which is not true.

Read the following. Got this info from someon’s blog:
The questioner asks: If the woman seeks a divorce (khula) from her husband without a legitimate reason and the husband refuses that request, is she a sinner as a result?
The Shaykh replied: If the woman has no legitimate reason, then the husband is not obligated to respond to that request of divorce (khula), but it is also necessary for him to seek out those things which will bring about harmony and love (in the relationship) and to rid it (the relationship) of those things that will lead to divorce. Because it could be that she has some legitimate reasons.
So it is necessary for him to take notice of this because she could have a legitimate reason either because of his bad character or stinginess or staying out all night or coming home in the late hours of the night or for reasons other than this. So it is binding upon him to observe these things and to fear Allaah in order that he gives the woman her due right.
As for her, then it is not permissible for her to seek a divorce (khula) except with a legitimate reason. As it comes on the authority of the Messenger (صلى الله عليه وسلم) that he said:
“Any woman who seeks a divorce (khula) without a legitimate reason, she will not smell the fragrance of Paradise.”
(Bukhaari)
And that is a severe threat. So, it is incumbent upon the woman that she live with her husband in kindness and that she listens and obeys him in that which coincides with the Book of Allaah and the Sunnah of His Messenger and not to seek a divorce from her husband except with a valid excuse.
And if there is a legitimate excuse, then there is no problem with that. For example: he is stingy, which would not allow him to give her the rights that are due to her or if he is immersed in sin and disobedience like getting drunk or high (on drugs) or other than that or he stays out all night all the time or he makes her life very constricted or reasons other than this that are legitimate, then it is an excuse that is regarded and honored.

Source: Remind, so the Reminder May Benefit » Seeking Khula from Husband without Reason

Re: When woman is allowed to ask divorce?

He is not physically attractive. He is not her type.

Are these legitimate reasons?

Re: When woman is allowed to ask divorce?

but we ignore it…to avoid disputes…

And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought. (21)
Surah Ar-Rum…

so what if both are not merciful each other any more…?no peace in marriage…

@KKF…yeah these reasons what I know…

waisye i always thank Allah for giving us option of Khula…because few people expect us to live miserably no matter how hard is to live…no mercy no love no respect…

Re: When woman is allowed to ask divorce?

There is so much wrong with this thread. One of the women that Muhammad SAW married divorced her husband because she didn't like how he looked/not attracted to him.

Sometimes the way people interpret Islam makes me want to convert out of it. Not having the right to file for divorce because the guy won't let you see your parents ???

Re: When woman is allowed to ask divorce?

As'salamu Alaikum Brothers and Sisters in Islam

A woman is allowed to ask for divorce for even the smallest reason

1: she is not happy with any particular habit of his even if she doesn't like him snoring while sleeping, or doesn't like his smell coming outta her husband's mouth.

2- she doesn't get satisfied physically by her husband.

These are just few reasons but Islam gives total flexibility and relaxation to the women in islam.

But at the same time if a wife does SABBAR in those matters Allah S.W.T. will surely reward her with the best not just in this life but in the life hereafter as well.

JazakAllah

Sana Khan

Re: When woman is allowed to ask divorce?

These are absolutely legitimate reasons. Simply put Islam is not in the favor of any Jab'r nevertheless SABAR payoff really well beyond ones expectations.
And also we should make a point that TALAQ is the worst act in front of Allah Pak.

Re: When woman is allowed to ask divorce?

In Islam, men and women are equal (with different responsibilities and duties). Regardless, they are responsible of their deeds and would answer only for themselves on judgement day. Thus, both men and women have same right to divorce (Talaq or Khula) each other. Man can divorce (give talaq) his wife for any reason he wants to and same way woman can divorce (take khula) her husband for any reason she wants to. Anyhow, there is slight difference in procedure, due to involvement of money ('Mahr').

When man divorces (give talaq), he forfeits amount he paid as Mahr to woman, so he can divorce without going to court.

When woman divorces, she loses the right to keep Mahr, and for that reason she has to go to court, and court make sure that mahr is returned (or mutual agreement or understanding too place regarding mahr) ... or ... she can ask her husband to divorce her (that can happen without going to court).

As marriage is contract, in the contract, with mutual agreement or understanding, woman can also get right to divorce (clauses can be added in nikah-nama ... an agreements of marriage contract). Such agreement would make mahr irrelevant, as in this situation, woman can give (or take) divorce without returning mahr, hence no need for court (and judge).

In Islam, it is recommended that when divorce situation arises, people should try to mediate to discourage divorce, because divorce has implications and if divorce is due to any trivial misunderstanding than that divorce should be avoided.

Taking that recommendation into account, some people (so-called religious scholars) have started interfering with divorce (especially Khula), enacting conditions for divorce. As khula needs court and judge for procedure, this recommendation is mostly related to Khula ... but such recommendation is only recommendation, and have no place as far as Islam is concerned.

As for husband telling her wife not to visit her parents or relatives, that is against Islam. If wife listen to her husband than she would be doing sin, as she is ignoring command of Allah in Islam, that one should look after parents in every way and should try to have good working relationship with blood relatives. Thus, she would be made answerable to Allah (and obviously parents), on judgement day.

[One should remember that anything that is fard or told by Allah to do, then to forgo that due to fear of Husband, consequences, or anything in this worldly life, would be sin ... rather, big sin when it comes to ignoring parents].

Unfortunately, in country like Pakistan, due to Hindu culture, divorce is seen as taboo, and thus women get a hell of treatment, enduring everything just to keep marriage going.

This practice maybe prevalent in other Muslim (and non-Muslim) countries and culture too, but that is due to reason most religion sent by Allah got corrupted by humans, and obviously, concocted religion have done the same, made men superior to women in relationship. Even though both are equal (with different responsibilities and duties when it comes to marriage), and would get rewarded or suffer equally for their deeds after death.

Note: Islam do not consider divorce 'taboo'. Even Prophet (SAW) once wanted to divorce his wife Sauda (RA) for no particular reason. Secondly, Quran also directed Prophet (SAW) to tell his wives that whoever wants good worldly life than he (SAW) is willing to give them enough worldly goods along with divorce.

Actually, the above verse in Quran tells that wife can also take divorce whenever they like if permission by husband is granted (at any stage of marriage) or clauses is added in marriage contract (nikah-nama) with mutual understanding.

If divorce was such a 'taboo' thing in Islam, what some people like to portray, than Prophet (SAW) would not have showed his intention to divorce Sauda (RA), who was the first wife Prophet (SAW) took after the death of Khadija (RA). Similarly, Prophet (SAW) would not have approved divorce of Zaid (RA) and Zainab (RA), where there seems no reason that they should have got separated, except the reason Zainab (RA) was from well to do family, and Zaid (RA) was freed slave, something that became incomparability between them. ... Neither it would be in Quran telling Prophet (SAW) to tell all his wives that if they want divorce they can have it any time.

Quran 33:28 (Yusuf Ali):... O Prophet! Say to thy consorts: 'If it be that ye desire the life of this world, and its glitter, then come! I will provide for your enjoyment and set you free in a handsome manner.

Re: When woman is allowed to ask divorce?

Women should have equal right to give divorce, not just merely ask for it. It should also not be possible to remove this right/clause from the nikah naama. In addition, the tradition with oral divorce should be purged. Divorce should be a due process, and not something a man can utter at his whim three times, and get it over with.

There is no logical reason not to give women equal right to give divorce, and the tradition with oral divorce has proven time and again to leave women vulnerable against misuse. Not to mention its backwards in the first place. No need to uphold this tradition.

Any system that gives men and women different rights to divorce is broken, prone to misuse and will only create failed societies. Then you are free to blame the hindus, the christians and whatnot for your own failures, that left women in your societies vulnerable to abuse, oppression and discrimination. Time to work for societies where women have equal opportunities to earn their own money, where they can freely roam public spaces without being harassed, instead of upholding traditions which make women completely dependent on men, in one form or another.

Re: When woman is allowed to ask divorce?

Oh I didn't know that about Sauda (R). Did he end up divorcing her? Or it was just a thought?

Re: When woman is allowed to ask divorce?

You always have a right to take the husband to court if he tries to divorce you by uttering it 3x. You can always take him to court and have the court review his actions, and your rights to your mehr, and you will end up going to court anyway for settling assets and children custody, etc. I don't know where you think that a divorce if given by a man doesn't need to go to court. She can always serve him papers; he will need to appear. Yes, even in an Islamic system.

Re: When woman is allowed to ask divorce?

No he didn't. I actually don't know if prophet ever thought of divorcing her, or Sauda developed this fear that he may divorce her cause she is getting old.

Re: When woman is allowed to ask divorce?

Yes, but thats the problem. Any legal procedure needs to be initiated by the woman. She must ask for divorce, and she must drag him to court if she is treated unfairly, while the man can just utter talaaq three times and take a new wife the same evening, all within the legal framework, and societal approval (even if its frowned upon, ultimately the society must accept that nothing illegal occured). The rights of women is not protected in this manner.

There should be no room for oral divorce whatsoever, all divorce cases should be subject to a due processs, whether its the husband or the wife filing for divorce. Both should have equal rights and responsibilites when filing for divorce.

The tradition with oral divorce is completely broken, as is the system with women not being able to file for divorce on equal footing as men. We see these systems being misused time after time again, whether in Pakistan, India or even the UK.

Sharia courts in Britain lock women into ‘marital captivity’, study says | Home News | News | The Independent

?In Sharia court women are seen as having half the worth of men? | London Life | Lifestyle | London Evening Standard](‘In Sharia court women are seen as having half the worth of men’ | London Evening Standard | The Standard)

Talaq Delivered Through Skype, WhatsApp And Others Means Valid: AIMPLB Mobile Site

Basically it creates an environment where women struggle to get out of unhappy (sometimes violent) marital relationships, while the man can utter talaaq three times through skype or whatsapp, and get it done with. Then we can all argue which one of them is following the system correctly, and which ones are not.

We must dare to challenge such syatems, and call them out for being broken, prone to misuse, and thus in dire need of review and reform.