Can a Muslim wife divorce her husband?
Certainly. There are two words in Islamic law that translate divorce. “Talaaq” is when a husband divorces his wife, and “Khul`” is when a wife divorces her husband. Khul` is allowed in Islam even if the husband did nothing wrong! The principle of Khul`, an Arabic word that means severance, is established in 2:229. In Sharee`a (Islamic law), a woman can divorce herself from her husband by giving him back the dowry. If he does not agree, she can sue him for Khul` and the judge is obligated to grant it if the wife gives the dowry back. This is well established by the authentic hadeeth, ” The wife of Thaabit ibn Qays ibn Shammaas came to the Messenger of God, peace be upon him, and said, ‘O Messenger of God, I do not fault my husband in character or religion but I hate ingratitude in Islam’. The Prophet asked her, ‘Would you return his garden?’ She said, ‘Yes’. The prophet said to her husband, ‘Accept the garden and divorce her’.” This entry was posted on Friday, January 16th, 2009 at 8:29
