How can a woman get talaq (the right to divorce) from her husband?
A Brief Description of the Question:
If a man doesn't want to give her wife talaq (the right to divorce) at any condition, Can women get talaq from him?
The Answer:
If a woman wants to divorce, it is necessary that her husband gives her the right to divorce. If a married woman wants to divorce and her husband does not divorce her, the families can choose an arbitration committee and the divorce can be realized.
If a man and a woman perform a religious marriage before their official marriage in the period of engagement and then they leave each other and the man does not divorce the woman, how can the woman be divorced?
If a man and a woman perform a religious marriage before their official marriage in the period of engagement and then they leave each other and the man does not divorce the woman, how can the woman be divorced?
A woman is religiously the wife of the man whom she performed a marriage; therefore, she cannot marry anybody else unless her husband divorces her.
The things that can be done in such a situation is to make the man divorce the woman or to divorce them through an arbitration committee.
In a situation like that, it is not right for the man not to insist on not divorcing the woman only in order to harm her. (al-Baqara, 2/231).
Therefore, in a situation like that, a respectable, wise, virtuous scholar should go and talk to the man as a mediator and tell him that he should end a marriage that does not benefit him at all, that the religious marriage cannot be used to satisfy oneself by harming the woman and that it is contrary to Islam; he should persuade the man to divorce the woman.
If the man insists on not divorcing, the families of the woman and man choose an arbiter each because they cannot apply to the court since there is not an official marriage. If one of the families does not agree to choose an arbiter, the other family can choose a just and impartial arbiter for them.
The arbiters try to arbitrate first. If there is a real necessity, they can decide to divorce the man and the woman even if the spouses do not consent.
After a divorce like that takes place and the waiting period for the woman ends, the woman can marry again.
In order to prevent such incidents from happening, it is necessary to perform official marriage contracts and have a legal assurance. The young people or their families who say that they are religious people may deny the contracts they have made among themselves when there is no official recording and one of the parties, usually the woman, faces a difficult situation.
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