One of the thing Allah SWT hates most is divorce between a marriage man and woman. Marriage is a sacred bond of uniting two people under the name of Allah SWT. Allah SWT cherish marriage so much that a Muslim who gets married is fulfilling the half of religion itself. A lot of blessing comes along with the marriage, and the biggest gift Allah SWT gives is children.
When divorce happened, children are the biggest victims. Thus, Allah SWT hates it most. As reported by Abu Dawud, the Messenger of Allah (SAW) said,
“Among lawful things, divorce is most hated by Allah.“
A marriage couple should do their best to avoid divorce. But when the fight is unsolvable and separation is the best way, divorce comes a solution. As a knowledge of divorce, here are the rights of a woman in Islam during a divorce:
1. Right to Receive Financial Support
A husband and wife can end their marriage and become exes. But there are no ex children. A father should be responsible for the life of his children even though he has separated from the mother. The financial support a woman should receive including the education, living, housing, and transportation.
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2. Right to Raise the Underage Children
Muslim couple who go through a separation and divorce usually fight over their children. But Islam has decided that if the child is still underage, the custody goes to the mother. At such a young age, a child needs the mother’s love and care. But if the child is already an adult, he/she can choose with whom he/she want to live.
3. Right to Receive the Fair Part of Joint Wealth
During the marriage, the wealth and properties that the couple have should be divided fairly. It doesn’t include the part for the children, which means a woman should have her own part, a man and the children should have their own as well.
Also read: Labor Rights in Islam
4. Right to be Treated with a Good Manner
One of rights of a woman in Islam during a divorce is to be treated with a good manner. She should not be violated in any way, whether it is her rights or physically. A woman who goes through divorce is having a hard time, so she needs a big support from everyone around her.
5. Right to be Protected by the Law
When a woman is in a divorce with her husband, she has to be protected by the law. The law has to ensured that the woman’s right is not violated and making sure of her safety. A woman is in a weak state when she’s in divorce, so it is strongly suggested that she hired a lawyer.
Also read: Rights of Transgenders in Islam
6. Right to Ask for Appeal
When a woman’s and a man’s divorce come to an end, a woman as the right to appeal. If she disagree or not satisfied with the result, whether it is about the wealth and properties or the children custody. Through the appeal, the divorce could resulted in a more fair way.
7. Right to Owned the Marital House
If a man gave a woman Talaq, he should be the one who leave their marital house. Even though a man bought the house before marriage, Islam does not allowed a woman leaves the house no matter what. She and her children have to be stay in the house until the divorce finished.
Also read: Funeral Rights in Islam
8. Right to Have the Full Ownership of Mahr
Mahr is one requirement when a man and a woman in Islam get married. The possession of Mahr belongs to the wife, and stay that way even the couple get divorce. A man should not questioned the Mahr or even take it back when they divorced.
9. Right to Fight for Her Right
A woman should fight for her right in the divorce, she can hire a lawyer to help her, and to make sure that her rights would not be violated. She can do all she could in the divorce so that she can have a clear and fair result.
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10. Right to Filed for Divorce
The right of Talaq only belongs to a man in Islam. But if the woman feels an unfair treatment during the marriage such as physically violated or the husband cheated with another woman, she has the right to filed for divorce. A woman also can ask her husband to give her Talaq if she is the one who wants to end the marriage.
More Rights of a Woman in Islam During Divorce
- A woman should be provided with money to meet the needs for the children.
- On the divorce process, a woman should win the custody without the need to fight.
- A woman has the right to raise the children in the corridor of the Sharia law.
- Not only to filed for divorce, a woman has the right to filed for another rights like custody and wealth.
- A woman has the right to ask for exact amount of money from her ex husband.
- A woman has the right to gain financial benefits from the divorce.
- A woman has the right to not pay any compensation and cost during the divorce.
- A woman should not leave the house during the divorce process.
- A woman’s safety should be ensured during the divorce process.
- A woman has the right to refuse the mediation stage offered by the court officer.
- A woman who has gone through mediation process have the right to make her own decision.
- After going on the mediation process, a woman is allowed to ask for a reconciliation.
- A woman could cancel the marriage process after the mediation process, as long as her husband agreed.
- Any of the woman’s right should not be violated during the divorce process.
- A woman must not go out and leave her house during the divorce process.
Those are the rights of woman in Islam during a divorce. Even though Islam has a special law about divorce, doesn’t mean divorce are allowed and is a good thing in Islam. Everybody should do their best to keep their marriage.