Women and divorce?

[Guest Unknown]

Under which circumstances can a woman divorce her husband? What is the process if a wife wants a divorce but the husband will not divorce her?

[notme]

If she has asked her husband to divorce her and he refuses, she will need to talk with a moulana to find our her next steps. 

[Sindbad05]

4 hours ago, Guest Unknown said:

Under which circumstances can a woman divorce her husband? What is the process if a wife wants a divorce but the husband will not divorce her?

Could there be no way for reconciliation sister ? If your husband is unfair to you, why not engage your family for reconciliation. 

[Hameedeh]

2 hours ago, Sindbad05 said:

Could there be no way for reconciliation sister ? If your husband is unfair to you, why not engage your family for reconciliation. 

The guest who started this topic might be a male. Whether a male or female, we do not know if he/she is asking for a personal reason or asking for someone else who has this problem, a friend or relative perhaps. 

[Ron_Burgundy]

On 10/18/2017 at 10:40 AM, Guest Unknown said:

Under which circumstances can a woman divorce her husband? What is the process if a wife wants a divorce but the husband will not divorce her?

Divorce » Khula' divorce or Talaqul Khula'

2537. The divorce of a wife who develops an aversion from husband and hates him, and surrenders to him her Mahr or some of her property so that he may divorce her, is called Khula' Divorce. The hatred must have reached a proportion where she would not allow him conjugal rights.

2538. If the husband himself wishes to pronounce the formula of Khula' divorce and his wife's name is, say, Fatima, he should say after receiving the property: "Zawjati Fatimatu Khala'tuha 'ala ma bazalat" and should also say as a recommended precaution: "Hiya Taliq" i.e. "I have given Khula' divorce to my wife Fatima in lieu of what she has given me, and she is free'. And if the wife is identified, it is not necessary to mention her name in Talaqul Khula' and also in Mubarat Divorce.

2539. If a woman appoints a person as her representative to surrender her Mahr to her husband, and the husband, too, appoints the same person as his representative to divorce his wife, and if, for instance, the name of the husband is Muhammad and the name of the wife is Fatima, the representative will pronounce the formula of divorce thus: "An muwakkilati Fatimah bazalat mahraha li muwakkili Muhammad li Yakhla'aha 'alayh". Then he says immediately: "Zawjatu muwakkili khala'tuha 'ala ma bazalat hiya Taliq".
And if a woman appoints a person as her representative to give something other than Mahr to her husband, so that he may divorce her, the representative should utter the name of that thing instead of the word "Mahraha" (her Mahr). For example, if the woman gives $500 he should say: bazalat khamsa mi'ati Dollar".

 

[Mod Note: Please remember to post the link to the website where you copied this information.]

Edited April 17, 2018 by Hameedeh
Mod Note

[Sindbad05]

10 hours ago, Hameedeh said:

The guest who started this topic might be a male. Whether a male or female, we do not know if he/she is asking for a personal reason or asking for someone else who has this problem, a friend or relative perhaps. 

I see.

17 hours ago, Guest Unknown said:

Under which circumstances can a woman divorce her husband? What is the process if a wife wants a divorce but the husband will not divorce her?

A wife can ask for Khula if she wills so by filing a suit in a law court and for it she may also be asked for something in return which may be called a compensation such as husband may ask that she have to forgo her dowry or Mehr. 

[za abbas]

If a woman wants to take khula and husband is not willing to give then how can she take it according to shia sect?