Law of Women ask Divorce in Islam
In building a marriage relationship, each couple is having willingness that their marriage is running smoothly without any obstacles. Islam is a religion that always recommended all ummat to build a marriage relationship with full of loves as Allah SWT commandment in surah Ar-Rum(21) :
وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً ۚ إِنَّ فِي ذَٰلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ
“And among of His powerful signs, He creates a wife for you from your own kind, so that you tend to have the feeling of comfort with her, and creates full of loves in between. Indeed, those are the signs to be justified for all thinker people.” (Ar-Rum:21)
Nevertheless, the household live is not always colored with harmonies and full of loves. Sometimes problems are arise which caused of rift between a husband and wife.
We often heard that a wife is asking a divorce from her husband. Thus, how is the law of women asking divorce from her husband in Islam?
The Meaning of Divorce Lawsuit
A woman or wife can ask a divorce to her husband. A lawsuit divorce itself is a term that usually used to a woman or a wife that asking a divorce to her husband. The lawsuit divorce is submitted to the court whereas the court will process the lawsuit divorce whether it is approved or rejected by the court.
Even though the final decision is on the husband itself, when a court or a judge is approved the lawsuit of the wife, the judge can force the husband to give talak to his wife. Read more about Law of a Woman Loving a Man Other than Her Husband in Islam
Islam is having two terms for lawsuit of divorce which is called fasakh and khulu. Fasakh is unbound the marriage of husband and wife whereas the wife does not have obligations returning the bride price or compensation to her husband. Khulu is a lawsuit divorce whereas the wife is taking some of collective treasure or bride price from her husband
The Law of woman asks Divorce to Her Husband
A woman or wife is allowed to ask divorce to her husband with the reasonable condition and requirements. It is narrated on a hadidh that there is a woman who is afraid of being kufur because she dislike the appearance of her husband though her husband is having a good manner.
“Ibnu ‘Abbas said that the wife of Tsâbit bib Qais came to Rasulullah SAW while said,” Dear Rasulullah, I did not reproach Tsâbit bin Qais because of his moral and religion. However, I am afraid has been doing kufur in Islam.”
Rasulullah SAW said,” Do you want to return his garden?” She answered,” Yes, dear Rasulullah SAW.” The Prophet of Muhammad SAW said,” please take his garden and divorce with him.” (HR. Al-Bukhari)
1. Unreasonable Lawsuit Divorce
It is forbidden to a woman or wife to ask divorce to her husband without reasonable condition as it is mentioned on the Rasulullah SAW hadidh:
“Those women are asking (claiming) a divorce to their husbands without reasonable and justified reason, it is forbidden a heaven for her.” (HR. Abu Dawud, Al-Tirmidzi, dan Ibnu Majah. Dishahihkan Syaikh Al-Albani in Shahih Abi Dawud)
It is clearly mentioned that it is allowed for a woman or wife to ask divorce to her husband as long as she is having a good reason and justified by Allah SWT.
2. Reasons a Woman is ask Divorce to Her Husband
The purpose of marriage is to build a sakinah, mawaddah and warrahmah family. However, in the journey of building a sakinah, mawaddah and warrahmah family, a wife is feeling uncomfortable with her husband or something is making her burden, she is allowed to ask divorce to her husband with a syari’ reasons, such as:
3. A husband dislikes his wife but he does not want to divorce her
A wife can ask a divorce to her husband if the husband is obviously not love her and explicitly shown the dislikes to her until the wife is uncomfortable and does not happy while her husband does not want to divorce her. Read more about Law of Wife Support Husband in Islam
4. A husband is persecute a wife
When a husband likes to abuse, curse even physically torture his wife and so it made his wife suffering, it is allowed to a wife to ask a divorce to her husband.
5. A husband is not doing his religion obligation
A husband that is never doing his obligation to his wife such as do bad deeds and not obey to the Islam’s law, zina, affairs etc. It is allowed to a woman asking a divorce from him.
6. A husband is not feeding his wife
It is a husband obligation to give a livelihood to his wife even though he is not having a proper wealth. When a husband is rejected to doing that, it is allowed to a wife to ask divorce to her husband. Read more about Law of Praying with Makeup for Women in Islam
7. A husband is not fulfill the biological needs of his wife
It is allowed to a woman or wife to ask divorce because of her husband is not able to fulfill her biological needs due to illness or disabilities.
In fact, when the condition a husband is having another wife and he is not fulfill his obligation to his first wife because he dislikes his the first wife, it is allowed to ask a divorce to her husband.
8. A husband is being unknown of his existence
When there is no news from a husband for a quite long due to his livelihood to his wife, a wife is allowed to ask divorce to him.
It is narrated from Umar RA that there was a woman came to him who lost of her husband existence. Umar said: please wait him for about 4 years. The woman is following of Umar RA advice. Then she came again (after 4 years).
Umar said: please wait (the iddah period) for 4 months 10 days. She followed the advice again.
When she came again, Umar asked: Who is the male guardian marriage (a husband) from this woman?
They presented the male guardian and Umar said: please do divorce to her and it is approved. Umar RA said to the woman,” please married (again) with the man you like.”
9. A wife dislikes her husband and afraid of being kufur
When a wife dislikes of her husband and afraid to do kufur and fulfill of her obligation as a wife, it is allowed to her to ask divorce to her husband as long as she is willing to return some of the collective wealth or bride price from her husband as it is mentioned on the previous privilege. Read more about Law of Woman Propose to Marriage in Islam
In summary, the law of woman is asking a divorce to her husband is allowed or valid as long as the wife is having a good reason to do it.
Nevertheless, the best way to do for a wife who is having marriage problems is patient and keep on praying to her husband for the best so the problems solved soon and it will become harmonious again.