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

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[quote=Anonymous]Well, it does have to be noted that there is nothing in the religion itself that prevents wife from guaranteeing the rights of divorce for herself.  Marriage in Islam is not a sacrament. It's a civil contract, and like any contract, it can (and should) be preceded by negotiations.  If you want to write into your contract that your husband must give you a new BMW every month, you can.  It's the culture and societal pressures that prevent women from participating directly in their marital negotiation - typically, a woman's guardian negotiates on her behalf, and while a 30-something educated woman from a wealthy family is likely to manage the process herself, a typical sheltered 18-year old virgin right out of high school may not have either the confidence or the wherewithal to know her rights and insist on her guardian's attention to her requests.

In fact, as a non-Muslim wife of a Muslim husband, I feel that Islam's legal framework affords divorce rights to women that are more liberal than, say, conservative Jewish or Catholic laws.  But I'm 40+ with balls of steel so I pretty much dictated what's in my contract to the imam. The problem is that the cultural and societal forces in Muslim-majority societies do not make it easy for women who aren't like me.   It's out of the question for a typical 18-year old to say, daddy, I want to sit in all your negotiation with the groom's family and I will tell them directly what I want in my contract and I don't want anyone telling me otherwise.  It's simply not done. [/quote]

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