Fatwa

Women’s right of divorce

Question

Marriage registration is mandatory in all countries. As far as I know, Islam has not given the power of divorce to women, but they can ask for divorce from their husbands. In many countries, there is a column in the registration form asking (from the Husband) whether you have given the power of divorce to your wife. The registrar gives the girls the power of divorce without asking the husband. In some cases, they add some conditions to it. What I want to know is if the husband has not given this power to the wife in the true sense, and if the wife divorces in that situation, then the divorce will happen in Islam. And is this process acceptable in Islam?

Answer

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your understanding is correct.

A woman does not have the right/power to divorce her husband.

If the registrar granted the power of divorce to the wife, that does not constitute a Shariah divorce if the husband did not intend issuing talaaq to his wife.

In certain circumstances, a wife is permitted to apply for Khula, or an annulment of marriage (Faskh-Nikaah) to the Judicial body of her locality.

And Allah Ta’āla Knows Best

Mufti Muhammad I.V Patel

Concurred by
Mufti Bilal Pandor

Darul Iftaa Mahmudiyyah

Lusaka, Zambia

www.daruliftaazambia.com