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Women and Divorce
Salamz, I have a question about women's rights concerning divorce so anyone that can help me I'd really appreciate it.
The last part of 2:228 says
"And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise."
I was told that men "have a degree" or advantage over women in that men can initiate divorce whereas a woman must get a judge's approval to initiate a divorce. One commentary says that a woman must get the permission of a judge to prevent "women from obtaining separation on flimsy grounds" (Pooya/Ali commentary).
So my question is, if a judge's approval is keeping a woman in check from getting a divorce for a stupid reason, what is keeping a man in check from getting a divorce "on flimsy grounds."
How many times have we heard of a man leaving his wife for someone younger and more attractive? Or getting a divorce because the "sparks" in the marriage are gone? What protection does a wife have if her husband wants a divorce because of stupid reasons like these?
Again, any and all comments will be deeply appreciated. ;)
Ma Salama,
Jasmine
The last part of 2:228 says
"And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise."
I was told that men "have a degree" or advantage over women in that men can initiate divorce whereas a woman must get a judge's approval to initiate a divorce. One commentary says that a woman must get the permission of a judge to prevent "women from obtaining separation on flimsy grounds" (Pooya/Ali commentary).
So my question is, if a judge's approval is keeping a woman in check from getting a divorce for a stupid reason, what is keeping a man in check from getting a divorce "on flimsy grounds."
How many times have we heard of a man leaving his wife for someone younger and more attractive? Or getting a divorce because the "sparks" in the marriage are gone? What protection does a wife have if her husband wants a divorce because of stupid reasons like these?
Again, any and all comments will be deeply appreciated. ;)
Ma Salama,
Jasmine
Comments on this journal
Just for info:
If a man initiates a divorce it is called 'talaaq'.
If a woman wishes to initiate a divorce, she may ask her husband for a divorce. If this occurs, she is given a khula.
Only if a man doesn't give her a divorce does she need to get approval from elsewhere.
Wa salaam! :)
thanx!
"In some cases, A Muslim wife might be willing to keep her marriage but find herself obliged to claim for a divorce because of some compelling reasons such as: Cruelty of the husband, desertion without a reason, a husband not fulfilling his conjugal responsibilities, etc. In these cases the Muslim court dissolves the marriage"
Let us now focus our attention on how Islam discourages divorce. The Prophet of Islam told the believers that:
"among all the permitted acts, divorce is the most hateful to God" (Abu Dawood).
A Muslim man should not divorce his wife just because he dislikes her. The Quran instructs Muslim men to be kind to their wives even in cases of lukewarm emotions or feelings of dislike:
"Live with them (your wives) on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good" (Quran 4:19).
Prophet Muhammad gave a similar instruction:
" A believing man must not hate a believing woman. If he dislikes one of her traits he will be pleased with another" (Muslim).
The Prophet has also emphasized that the best Muslims are those who are best to their wives:
"The believers who show the most perfect faith are those who have the best character and the best of you are those who are best to their wives" (Tirmidthi).