Title: Questions Regarding Woman's Right to Divorce Question: I have some questions related to divorce in Islam. Why is the woman required to ask her husband to divorce her to dissolve the marriage? With regards to the man having a degree over the woman which I do not have any conflicts with, I should think that the woman is granted sufficient independence and freedom in a marriage by God, to be able to divorce her spouse directly. In the case of his refusal to grant the divorce, she then has to go to court, which can be an obvious inconvenience to a woman who, say, might be sick, handicapped, or unable to go deal with these legalities because of some other reason. Fortunately though, if she wants to avoid this procedure, she can include that in her marriage contract, but why does this indirect procedure exist in the first place? Why are there subtle obstacles in the way of a woman getting a divorce whereas in comparison it is more accessible for her spouse? Needless to say this is in no way a means to conclude a woman is made unequal to a man with regards to human status, but an explanation as to why the procedures differ in this way is needed. If the husband wants a divorce, but the wife does not, he will give it to her anyway, and can do so without having to go to court. When a woman is given the right to verbally express her consent, or refusal to the marriage to a witness, before the nikah is contracted, then by the same token, why is she not able to verbally divorce her husband, this being sufficient, without any trips to court, or asking the husband to do it? Thank you very much in advance. I hope to hear from you soon. Wassalam. Answer: Both your questions relate to the difference in the rights of the husband and the wife, with particular reference to divorce, as given in the Islamic Shari`ah . The important thing to remember in the case of all the directives of Islam regarding the family structure is that Islam has based these directives on two main premises: The family should be a stable and an organized institute, as it would have a direct and a significant effect on the stability and organization of the society, in general; and Even though the dissolution of the family (for instance, through divorce) should be discouraged, yet the provision for such dissolution should be available, for cases in which the maintenance and smooth running of the family institute becomes impossible. In view of these premises Islam stresses on the organization of the family. It makes one of the two individuals - who voluntarily agree on entering into a husband-wife relationship and, thereby, agree to form a family - the head of the family organization. It assigns certain rights and responsibilities upon this head of the family organization. One of these rights is the right to decide about the dissolution of the family institute, if and when the husband thinks that it has become impossible to resolve their mutual differences and live a life of peace and harmony [1] . Even in such a case, Islam gives detailed directives for the purpose of reuniting the family, after the initial decision to divorce has been made and declared by the husband. Keeping the foregoing explanation in perspective, let us now consider your specific questions. You ask: Why are there subtle obstacles in the way of a woman getting a divorce whereas in comparison it is more accessible for her spouse? The answer to this question can easily be derived from the explanation given above. Having made the husband the head of the family and, thereby, making him responsible for the well being and comfort of the family, as a whole, as well as of the individuals constituting this family, Islam has kept the doors of dissolution of this family in the hands of the husband. The primary reason for such distinction, between the husband and the wife, in case of divorce, is to provide comparative stability to the family institute. By giving the husband a direct right to divorce [2] , Islam has kept the doors open for dissolving the family unit, if and when the circumstances so require; on the other hand, by restricting the direct right to divorce to the husband, Islam has, in a covert way, discouraged the incidence of divorce in the society and has, thereby, strived for the stability of the family unit. You write: When a woman is given the right to verbally express her consent, or refusal to the marriage to a witness, before the nikah is contracted, then by the same token, why is she not able to verbally divorce her husband, this being sufficient, without any trips to court, or asking the husband to do it? Before the Nikah is contracted, the man and the woman are given absolutely equal rights, in the matter under consideration, in view of the recognition of their equal status as independent human beings. The position of a husband and a wife, however, is different. They are now a part of the family organization, of which the husband has been made the head. The social and psychological problems involved in referring to a court, in my opinion, are magnified by the modern day judicial systems. The judicial system, in most of the modern day states, works at a very slow pace, which is not only a great hindrance in the deliverance of justice but also a discouraging factor in referring to it, for issues that require urgent decisions. I sincerely feel that a revision in the overall judicial system for the purpose of swift deliverance of justice as well as swift decision-making, especially, in cases like those of divorce has become a necessity. Without such changes in the judicial system, it has almost become impossible to safeguard the rights of women as well as saving individuals from prolonged emotional and, sometimes, physical trauma. Moreover, it is important to note that a woman's reference to a court for divorce as I have suggested, is not like filing a contestable suit for divorce, in which prolonged discussions and analysis may be required. On the other hand, it should be considered as filing a non-contestable [3] request to the court for the implementation of divorce. There is no reason why such a decision takes any more than one or two hearings. To further safeguard the exploitation of women in this respect, effective legislations may also be promulgated to penalize the husband if he is guilty of keeping the woman in his marriage against her will, for more than a specified period of time. There is nothing against such a legislation in the Shari`ah . In my opinion, the problem of the apparent exploitation of women is not due to the directives of the Shari`ah , but, in fact, due to the lack of effective legislations in modern-day societies that safeguard such exploitation. 7 th July 2000 [1] It should, nevertheless, remain clear that this does not mean that the husband can divorce his wife in any way that he deems fit (whether in writing or vocally). Although such would, naturally, be the case in the absence of a specific law relating to the implementation of divorce, in the respective society, yet if the society has promulgated a law, in this respect, then the husband will have to follow the particular law promulgated by the society. For instance, if the society has promulgated a law whereby a divorce has to be registered with a competent authority, then the husband will have to get his decision of divorce registered with the specified competent authority, to affect the divorce. It should be remembered that the Islamic Shari`ah has not given any specified method of the pronouncement of divorce. If the Shari`ah had specified a method of the pronouncement of divorce, there would then have been no room for any legislation, in this respect, for the Islamic state. However, under the present circumstances, because the Shari`ah has not specified any method for the pronouncement of divorce, the Islamic state may, if it considers it to be beneficial for its citizens and/or if it considers it necessary for safeguarding the rights of the husband and the wife, promulgate a law to govern the pronouncement of divorce. [2] Which should obviously be in accordance with any laws implemented in the society. For further details refer to the previous footnote. [3] This is so, because, as I have stated in one of earlier responses, a woman can ask for divorce for absolutely any reason.