Divorce Is Only The Man’s Right

Muslim women are often portrayed as being oppressed due to their being denied the right to divorce.

1 – The pronouncement of divorce (talaq) is primarily the right of the husband as he is in the position of authority in the family. Also PMS considerations and the emotional nature of women could cause a greater incidences of divorce if it were put the hands of the wives as an automatic right.

2 – The wife may institute divorce proceedings by making her request through the court. If the judge (Qadi) sees just cause or a real need on her part, he can act on her behalf and institute the khulaμ divorce which has a waiting period of only one menstrual cycle.

3 – A woman can obtain the right to pronounce divorce if it is made a condition in her marriage contract which her husband agrees to. She may also gain the right by requesting her husband’s permission at any point during the marriage. If permission is given she may pronounce divorce according to the previously mentioned conditions.