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Talaq (طلاق) (meaning divorce) is the right of only men in Islam. If a man dislikes the wife or the marriage, he can divorce her without any reason; yet if a woman dislikes her husband, she cannot divorce him according to traditional [[Fiqh (Islamic Jurisprudence)]]. Although modern Islamic feminists have challenged and criticized these laws, they remain the Islamic positions of the major madhaahab (school of jurisprudence) of Islamic law. Despite this disparity, some Islamic advocates such as scholars and [[Dawah|du'aah]] claim that Islam is not 'unjust' to women, and counter that woman can also obtain separation from her husband 'through the (Islamic) court', by means of an Islamic legal device known as Khul' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web| title = Can Muslim women divorce?| author = Yaqeen Institute | work = YouTube| date = 17 December 2019| access-date = 20 October 2021| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>. | Talaq (طلاق) (meaning divorce) is the right of only men in Islam. If a man dislikes the wife or the marriage, he can divorce her without any reason; yet if a woman dislikes her husband, she cannot divorce him according to traditional [[Fiqh (Islamic Jurisprudence)]]. Although modern Islamic feminists have challenged and criticized these laws, they remain the Islamic positions of the major madhaahab (school of jurisprudence) of Islamic law. Despite this disparity, some Islamic advocates such as scholars and [[Dawah|du'aah]] claim that Islam is not 'unjust' to women, and counter that woman can also obtain separation from her husband 'through the (Islamic) court', by means of an Islamic legal device known as khula or Khul' (خلع)<ref>[https://yaqeeninstitute.org/read/paper/women-in-islamic-law-examining-five-prevalent-myths Women in Islamic Law: Examining Five Prevalent Myths] </ref> <ref>{{Cite web| title = Can Muslim women divorce?| author = Yaqeen Institute | work = YouTube| date = 17 December 2019| access-date = 20 October 2021| url = https://www.youtube.com/watch?v=OY8KtRQWzrg}}</ref>. | ||
Despite these Islamic claims, Khul' is in many ways not the equivalent of the talaq for men: | Despite these Islamic claims, Khul' is in many ways not the equivalent of the talaq for men: | ||
*Khul' is not the 'right' of a woman, but it is still the 'right' of husband to either grant it or to deny it. | *Khul' is not the 'right' of a woman, but it is still the 'right' of husband to either grant it or to deny it. | ||
*No Islamic | *No Islamic Court operating on traditional [[Shari'ah (Islamic Law)]] could compel the husband to divorce her if he doesn't want to divorce her (except in a very few special circumstances). | ||
*In Khul', a woman has to offer | *In Khul', a woman has to offer money to her husb<nowiki/>and in exchange for the dissolution of the marriage. | ||
*If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money offer, then she must stay with him, and no court could compel him to divorce her. | *If he accepts the money offered, the dissolution of the marriage may proceed. But if he rejects the money on offer, then she must stay with him, and no traditional shari'ah court could compel him to divorce her. | ||
*Even if the husband is abusive, and he beats her brutally (even | *Even if the husband is abusive, and he beats her brutally (even leaving bruises on her body), she still cannot get the marriage dissolved through Khul' according to the traditional rulings of shari'ah if the husband does not agree to it. | ||
*Only in the case that her husband causes grievous injury such as breaking her bones | *Only in the case that her husband causes grievous injury such as breaking her bones does the woman get the right to go to the court in order to forcefully dissolve the marri<nowiki/>age. Yet she still has to pay the ransom money to her husband, even in the case that he broke her bones. | ||
Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things. | Moreover, Khul' is often mixed up with the 'Faskh' (فسخ) of Nikah (i.e. dissolution of marriage), although both of them are two different things. | ||
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In 'Faskh' (i.e. dissolution of marriage): | In 'Faskh' (i.e. dissolution of marriage): | ||
*A women gets the right to go to the court, and | *A women gets the right to go to the court, and obtain the dissolution of her marriage 'without paying' any 'ransom money'. | ||
*Faskh can take place only in very few special cases (like impotency, or if he doesn't pay her the maintenance money, or if he has became insane, or if his whereabouts are not known). | *Faskh can take place only in very few special cases (like impotency, or if he doesn't pay her the maintenance money, or if he has became insane, or if his whereabouts are not known). | ||
*Nevertheless, | *Nevertheless, even in the above mentioned special cases, traditional Islamic law still compels her to wait for several years to get the marriage dissolved and makes no allowances for her needs or suffering during this period of time. | ||
==Quranic Verse about the Khul'== | ==Quranic Verse about the Khul'== | ||
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A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them '''if she gives something for her freedom ( Arabic word:افْتَدَتْ which means Ransom money)'''.}} | A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them '''if she gives something for her freedom ( Arabic word:افْتَدَتْ which means Ransom money)'''.}} | ||
== | ==Even if the Husband Beats Her Leaving Bruises, the Wife Still Has No Right to a Forced Dissolution of the Marriage== | ||
According to this tradition of the prophet, even a brutal beating ( | According to this tradition of the prophet, even a brutal beating (resulting in bruises) is not enough to dissolve a marriage through Khul' or in any other way through any Islamic court: | ||
{{Quote|{{Bukhari||77|42|in-book}}|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"''' | {{Quote|{{Bukhari||77|42|in-book}}|Rifa`a divorced his wife whereupon `AbdurRahman married her. `Aisha said that the lady (came), wearing a green veil, and complained to her (Aisha) of her husband '''and showed her a green spot on her skin caused by beating.''' It was the habit of ladies to support each other, so when Allah's Messenger came, `Aisha said, '''"I have not seen any woman suffering as much as the believing women. Look! Her skin is greener than her clothes!"''' | ||
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#Muhammad also didn’t give the right to the woman to leave her husband through Khul’ after such a beating. | #Muhammad also didn’t give the right to the woman to leave her husband through Khul’ after such a beating. | ||
==Even if husband breaks any | ==Even if husband breaks any of the wife's bones, she still must pay the ransom money for the Khul'== | ||
{{Quote|{{Bukhari||13|54|in-book}}|Narrated Aisha, Ummul Mu'minin: | {{Quote|{{Bukhari||13|54|in-book}}|Narrated Aisha, Ummul Mu'minin: | ||
Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas. '''He beat her and broke some of her part'''. So she came to the Prophet after morning, and complained to him against her husband. The Prophet called on Thabit ibn Qays and said (to him): '''Take a part of her property and separate yourself from her'''. He asked: Is that right, Messenger of Allah? He said: Yes. He said: '''I have given her two gardens of mine as a dower''', and they are already in her possession. The Prophet said: '''Take them (as the ransom money) and separate yourself from her'''. | Habibah daughter of Sahl was the wife of Thabit ibn Qays Shimmas. '''He beat her and broke some of her part'''. So she came to the Prophet after morning, and complained to him against her husband. The Prophet called on Thabit ibn Qays and said (to him): '''Take a part of her property and separate yourself from her'''. He asked: Is that right, Messenger of Allah? He said: Yes. He said: '''I have given her two gardens of mine as a dower''', and they are already in her possession. The Prophet said: '''Take them (as the ransom money) and separate yourself from her'''. | ||
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Sheikh Albani declared this Hadith to be “Sahih” (authentic)}} | Sheikh Albani declared this Hadith to be “Sahih” (authentic)}} | ||
It should be noted here that she cannot get the right to have a divorce automatically, even if he beats her so brutally that any of her bones break, and she still has to pay the ransom money to get rid of such abusive husband. As compared to Islamic law, under modern law in secular countries, women not only get the right to have divorce automatically from such an abusive husband, '''but she will also usually be granted compensation money from the husband by the court, and the husband will usually face some type of criminal charge for any physical harm inflicted upon her.''' | It should be noted here that she cannot get the right to have a divorce automatically, even if he beats her so brutally that any of her bones break, and she still has to pay the ransom money to get rid of such an abusive husband. As compared to Islamic law, under modern law in secular countries, women not only get the right to have divorce automatically from such an abusive husband, '''but she will also usually be granted compensation money from the husband by the court, and the husband will usually face some type of criminal charge for any physical harm inflicted upon her.''' | ||
==A woman | ==A woman cannot get her marriage dissolved through Khul’ even if the man is infertile== | ||
All 4 Sunni schools of Sunni [[fiqh]] agree that the wife cannot be granted a divorce on the grounds that her husband is infertile. | All 4 Sunni schools of Sunni [[fiqh]] agree that the wife cannot be granted a divorce on the grounds that her husband is infertile. | ||
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As compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action. | As compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action. | ||
==Faskh فسخ (i.e. dissolution of marriage), and unilateral burden on women in Islamic | ==Faskh فسخ (i.e. dissolution of marriage), and unilateral burden on women in Islamic law:== | ||
In 'Faskh' (i.e. dissolution or annulment of marriage): | In 'Faskh' (i.e. dissolution or annulment of marriage): | ||
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*Although the woman gets the right to have divorce in these special cases, the duration of process is extremely long, and she has to suffer this whole period unilaterally. | *Although the woman gets the right to have divorce in these special cases, the duration of process is extremely long, and she has to suffer this whole period unilaterally. | ||
*Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's | *Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's perceived marital needs, or for many other reasons. | ||
==Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh== | ==Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh== | ||