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Why Women Aren’t Asked If They Accept Divorce or Not?

08 May, 2017
Q As-Salamu alaykum. At the time of marriage, a woman is asked whether she accepts the marriage or not. Then, why at the time of divorce she is not asked about her choice whether she wants to accept it or not?

Answer

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

1- A woman can ask for divorce through khul` by returning dowry to the husband.

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2- A woman can also put a condition in the contract of marriage to have the right to divorce herself.

3- In most cases, divorce happens between a man and his wife and in most cases, they do not like to reveal the secrets of their lives in front of outsiders.


Answering your question, Dr. Mohammad S. Alrahawan, Associate Professor at the department of Islamic Studies in English, Al-Azhar University, Egypt, states:

 If a Muslim girl does not accept a man proposing to her in marriage, such a marriage is not valid. It was narrated from Ibn Buraidah that his father said: “A girl came to the Prophet (peace be upon him) and said: ‘My father married me to his brother’s son so that he might raise his status thereby.’ The Prophet (peace be upon him) gave her the choice, and she said: ‘I approve of what my father did, but I wanted women to know that their fathers have no right to do that.’” (Ibn Majah).

Islam granted a husband the right to dissolve the marriage by issuing a divorce. Prior to divorce, he must take all possible measures to reconcile any troubles ensuing between him and his wife by referring to arbitration.

He is further prohibited from divorcing her during her menses. On the other side, a woman can ask for divorce through khul` by returning his dowry. She can also put a condition in the contract of marriage to have the right to divorce herself.

This is permissible in Islam. In this case, a husband empowers her to take this decision on his behalf.

Moreover, it is highly recommended that a husband seeks witnesses for his divorce, but if it occurs without having witnesses, it becomes valid.

The reason Islam did not require witnesses for divorce because in most cases it happens between a man and his wife and in most cases they do not like to reveal the secrets of their lives in front of outsiders.

Misusing or manipulating a right which Allah has given to man is a major sin in Islam and man will be held accountable before Allah on the Day of Judgment.

Allah Almighty knows best.