Thursday, 10 December 2015

Is authorization to divorce can be given to women, too?


Islam gives the authorization to divorce to man because, the authorization to break up a home like divorcing could not have been given to woman who generally behaves in accordance with her emotions. If that authorization that belongs to man had been given to woman as well as man, breaking up a family would have occurred frequently; woman would not have maintained her marriage and would have broken it up by uttering the word divorce whenever she got angry and furious. 

Since woman is so emotional, authorization to divorce has not been given to that emotional side at first. 

However, woman has not been deprived of this right completely. If she wants, during the wedding agreement, she may accept getting married on condition that she is also permitted the right to divorce. This authorization can be for lifelong or for a particular period of time. Woman, who has trusted her husband during this period of time, can also abandon this right before the period is over. 

In addition, giving an authorization to divorce to the wife by the husband can be in any period of time during their marriage as well as during the wedding agreement. (See al-Badai, 3/91-96; addurrul-mukhtar, 2/574-578; V. Zuhayli, al-Fiqhul-Islamî, 7/423).











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