Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Just word `talaq` is applicable on a women to sperate her from her husband, please reply

 

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Answer:

 

Can women pronounce divorce

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 236-237:

236    There is no blame on you if ye (men) divorce women before consummation or the fixation of their dower; but bestow on them (a suitable gift): the wealthy according to his means and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing.

237    And if ye (men) divorce them before consummation but after the fixation of a dower for them, then the half of the dower (is due to them) unless they remit it.  Or (the man's half) is remitted by him in whose hands is the marriage tie; and the remission (of the man's half) is the nearest to righteousness.  And do not forget liberality between yourselves.  For Allah sees well all that ye do.

 

Islam has laid the ties of marriage in the hands of the husband; and thus only the husband is permitted  in Islam to declare a divorce pronouncement upon his wife.  The wife has neither the authority nor the right to herself declare a divorce pronouncement on her husband in Islam; and even if she does make a divorce pronouncement unilaterally, it would have absolutely no legal basis or standing in the sight of Islamic Law.  If for any reason the wife seeks to initiate a divorce proceedings against her husband, she has to go to the Shariah Court who will ask her husband to announce divorce on her, and if the divorce case has merit and the husband refuses to announce divorce on his wife for any reason, the Shariah Judge has a right to declare a divorce between the couple. 

 

Because Allah Subhanah has laid the ties of marriage in the hands of the men, a divorce pronouncement by a husband to his wife with words to the effect of ‘I divorce you’ would indeed constitute the establishment of one-divorce in their marriage in the Sight of Shariah Law and of Allah Subhanah.

 

Sunan of Abu-Dawood Hadith 2189  Narrated by Abu Hurayrah

The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan