Reply to Does ISLAM allow divorce? If so, under what conditions?

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[quote=Anonymous][quote=Muslima]

Op, yes divorce is allowed in Islam. Both muslim men and women have been getting divorces since the 7th century.  The only time a divorce cant be granted is when the woman is menstruating or if she is pregnant. Also , there is a 3 months waiting period called the Iddah , I guess this would be similar to separation period, before the divorce becomes final.  During the iddah, the couple can reconcile which will nullify the divorce but after the iddah, they have to remarry If they want to get back together. [/quote]

Again, no, not the "couple can reconcile".  The man is allowed to change his mind on whether or not he really wants to divorce.  It's a unilateral decision, not a couple decision.

[quote=Muslima]The article below is comprehensive.[/quote]
It may be. It's also very region-specific as not everything written there happens everywhere, and it's also not the law everywhere. The use of terminology proves as much.
[quote=Muslima]
Men have the right to divorce. If a man dislikes keeping his marriage for any reason, he divorces his wife and[b] compensates her financially by paying her what is termed mut'a payment.[/b] This is in addition to the regular financial sustenance for her living, in case she has the custody of their children.[/quote]
Not necessarily and most certainly not the law.  In the subcontinent, a "deferred dowry" is a popular option, i.e. if you divorce my daughter, you'll pay her X.  In the Gulf, this is addressed through a high initial dowry paid before the marriage is concluded.  Marriage in Islam is a civil contract, not a sacrament, so whatever you write in your marital agreement goes. 
[quote=Muslima]
In case it is the woman's desire to end the marriage, the situation becomes different. Her reasons might be that she has received ill treatment, the husband is unable to sustain her financially or he is sexually impotent. She can prove these defects in front of the judge, then the judge grants her divorce with a full access to all her financial rights.
Also, if the husband was good to her but she does not want to keep on for an emotional reason, then she asks for what is termed khul'. This means to be granted divorce but without any access for financial rights, plusin case of Khul the husband has the right to ask for his dowry back.[/quote]
Any of these scenarios require consent of husband and consent of a judge.  There is no black-and-white requirement to agree to a woman's petition to divorce.  It's very imam-specific.  The only ironclad way for a woman to guarantee divorce at will is to write it into her marital contract. [/quote]

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