regarding a woman divorcing her husband. He says: I present to you my question regarding the following: Is it permissible in our Islamic Shari'ah for a woman to divorce her husband without
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The questioner : regarding a woman divorcing her husband. He says: I present to you my question regarding the following: Is it permissible in our Islamic Shari'ah for a woman to divorce her husband without any cause, and is it possible for her husband, meaning does she have the right to remarry after that? We ask for your guidance, may Allah guide you?
The Shaykh : In the Islamic Shari'ah, a woman does not divorce a man; rather, it is the man who divorces the woman.[Al-Ahzab 33:49] [Al-Baqarah 2:229] until He said: Yes, divorce is in the hands of men, not in the hands of women, except that a woman has the right to annul the marriage if the cause for it exists, such as the failure of a condition she stipulated for herself, which is one of the permissible conditions. In that case, she has the right to demand annulment. Likewise, if there is a defect in him that prevents the perfection of marital life, she has the right to demand annulment due to the existence of this defect, if she is not satisfied with it. However, without a Shari'ah cause, she cannot annul the marriage.
Therefore, divorce by women is impossible in all cases. As for their annulment of the marriage, meaning that a woman annuls the marriage between her and the man, this is permissible if the Shari'ah causes for it are present.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Khalf al-'Umur sent us someone from Syria, from al-Hasakah, al-Ramilan, al-Ramilan Secondary School.
The Shaykh : In the Islamic Shari'ah, a woman does not divorce a man; rather, it is the man who divorces the woman.
O You who have believed, when you marry believing women and then divorce them
يَا أَيُّهَا الَّذِينَ ءامَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّDivorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment.
الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍIf he divorces her
فَإِنْ طَلَّقَهَاTherefore, divorce by women is impossible in all cases. As for their annulment of the marriage, meaning that a woman annuls the marriage between her and the man, this is permissible if the Shari'ah causes for it are present.
The questioner : Yes.
The Shaykh : Yes.
The questioner : Khalf al-'Umur sent us someone from Syria, from al-Hasakah, al-Ramilan, al-Ramilan Secondary School.