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Reply to "I'm a Muslim. Ask me anything!"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Is the divorce procedure of saying "I divorce you" 3 times available to the wife, too? Or does she follow a separate procedure?[/quote] Not OP but Another Muslim poster: I am not 100% certain on this but I believe that the wife only says it once and then applies to the court for a divorce. She does not need her husband's permission, nor does she have to prove anything in order to be granted the divorce. The rules surrounding this process in many countries today and the ways that women are discouraged to divorce or prevented from it these rules have been created by man and not by Islam. [/quote] To the Muslim poster: In shariah, the privilege to divorce is for the husband. There is no analogue to the husband-initiated divorce available to women. A woman who wants to divorce has two options: a. Petition the court for separation called Khoula. In this scenario, she must return to the husband the dowry he paid her before contracting marriage. Some husbands also demand more for the inconvenience. By letter of law, this is supposed to be a simple transaction of "I don't want to be with you any longer, here's your money, I'm leaving", but in practice, some countries require the husband's consent. This must be approved by the judge, and cannot be transacted by a woman independently. b. Petition the court for the court-approved divorce in case of husband's abandonment, maltreatment, non-payment of maintenance etc. In this scenario, the woman retains the dowry. In practice, the ruling to divorce is very much up to the judge, and very often women are told to go back home and practice patience. To sum up: in classical shariah, there is no such thing as a woman-initiated divorce similar to what is available to the husband. However, a woman can write in her marital agreement that she has a right to request divorce at any time and the husband must not withhold consent. She may write that she will retain her dowry in case of divorce. The marital agreement can contain pretty much whatever financial and contractual terms. If the husband changes his ind later on, she would still have to take him to court, and there is a possibility that the judge may consider some of the contract's provisions to be un-Islamic, but it's uncommon because Islam attaches much importance to following agreements and promises. [/quote]
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