DIVORCE RIGHT FOR WOMEN
Sheikh ” Muhammad Abduh” (Egypt 1849-1905) head of Islamic verdict body (Mufti )for Egypt & most Islamic countries in his time issued a verdict that women can solely upend the marriage & enforce divorce without the husband consent under the law named “marriage pullout” fully based on Islam sharia (legislation ) as stated in Quran . About this law & women divorce rights , see below
1) ISLAM GREATLY CHERISHES MARRIAGE , Q 30;21
“وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا لِّتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُم مَّوَدَّةً وَرَحْمَةً “
translation is “ 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.” —-But what if marriage does not work & the marriage goes terribly wrongly & life gets intolerable & all reconciliation attempts between the couple fails ? The answer is DIVORCE
2) ALLAH WARNS men of holding women in marriage so as to cause them any hardship or torture ; ALLAH states in Q 2;231
“فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ ۚ وَلَا تُمْسِكُوهُنَّ ضِرَارًا
translation” retain them on good terms or release them on good terms, and do not keep them, intending harm”
3) ALLAH has generally assigned for the women financial rights to get from their husband in case of divorce . these rights are to keep dowry money & all gifts & taking a compensation as agreed between the couple at the time of marriage & alimony, thus if the man initiates the divorce , then he is to give the woman all her full financial rights.
4) A WOMAN may also get her full financial rights if she appeals to a judge to be granted a divorce & submitting evidence that her husband is unjust or mistreating her or violated marriage agreement terms or other justifiable reasons
5) A WOMAN also has the right for a MARRIAGE “PULLOUT “ خلع; that is she initiates the divorce & gets it without the husband consent or any justifications except her own will in accordance to Quran verse 2;229
“فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّـهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ .
translation “if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.” ——–, but in that case she has to return to the man his dowry & physical assets or gifts (or their equivelant ) & give up any agreed compensation in the marriage contract .This marriage pull out /ransom or women initiating divorce law خلع-افتداء is now applicable in several Islamic countries including Egypt , Jordan , Tunisia , Saudi ..etc ..