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Divorce

Woman’s right to divorce:

As the husband has the unilateral right to terminate the marriage at will by pronouncing talaq without showing any reason. For this reason they do not need to use other forms of divorce. Only the women use other forms of divorce especially talaq e tafwid or khul.

Like husband the wife does not have the right to terminate the marriage at will. The wife may only terminate the marriage unilaterally if she is delegated the power to do so by the husband and this is known as talaq e tafwid. This mode of divorce is accepted by all schools.

A marriage may also be dissolved by mutual agreement between the parties. This form of dissolution is called khul. Khul is concluded by an offer and acceptance. It is usually the wife who makes the offer, offering to pay a certain sum of money, usually the dower, in consideration for the husband releasing her from the marriage. Of course the offer may emanate from the husband although this is rarer (Mubara). In this case he will offer to repudiate his wife in return for a certain amount of compensation. If it is the wife who makes the offer she may withdraw the offer at any time before acceptance is made but if it is the husband who makes the offer he may not retract the offer which remains effective until it is rejected. All school except shafi accepts anything that is of value as consideration but Shafi law the compensation must be monetary. A divorce effected by means of khul is immediately irrevocable but to the lesser degree.

When both of these processes of termination of marriage fail the wife may seek to dissolution by judicial process. It is also known as judicial khul. The Hanafi School is the most restrictive towards women in matters of divorce, allowing a wife to obtain dissolution only if her husband proves unable to consummate the union. Once consummated a Hanafi marriage may not be dissolved at the instance of the wife.

The other schools of law accept inability of the...