Islamic jurisprudence addresses the dissolution of marriage initiated by the wife. While divorce initiated by the husband (talaq) is generally more straightforward, the wife’s options for seeking marital dissolution often involve specific legal processes and conditions. These processes vary based on the school of Islamic thought and the specific legal system of the country in question. For example, a wife might seek divorce through khula, where she returns the mahr (dowry) or some other agreed-upon compensation to the husband in exchange for the divorce. Alternatively, she can pursue a divorce through court proceedings if she can prove grounds such as abuse, neglect, or the husband’s failure to fulfill marital obligations.
The availability and ease of a woman obtaining a divorce are essential for ensuring justice and fairness within marriage. Historically, differing interpretations and applications of Islamic law have resulted in varying degrees of access for women seeking to end unhappy or abusive marriages. Allowing women recourse to divorce empowers them to escape harmful situations and protects their physical and emotional well-being. Moreover, a woman’s ability to initiate divorce proceedings acknowledges her agency and right to determine her own future.
