Respected scholars of Islam, As-Salaam `Alaykum wa Rahmatullah wa Barakatuh. I’d like to know the Islamic view regarding this question: Does woman have the right to divorce herself? Jazakum Allah khayran.
Answer (The European Council for Fatwa and Research):
Wa`alykum As-Salamu Warahmatullahi Wabarakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, it gives us great pleasure to receive your question, which is so interesting. May Allah enlighten our hearts with the light of Islam, Ameen!
Islam cares about family stability, which is the cornerstone of the Muslim society. Therefore, it lays downs rules and arrangements that guarantee that love and harmony prevail in the society.
Coming to the point your raised in your question, divorce, in principle, is the Shari`ah-based right of the husband; he can waive this right and can give his wife a right to divorce herself. There are other cases where the wife can end the marital bond such as Khul`.
In this regard, The European Council for Fatwa and Research, issued the following Fatwa:
“Originally Islam has given the right of divorce to man.
- Woman has the right to execute divorce if this is a condition stipulated in the marriage contract or the husband gives her this right later on.
- A woman can also ask for Khul` in front of a judge who should exhaust all means of reconciliation before sentencing Khul`.
- A woman may agree with her husband on divorce according to legal conditions.
- A woman may also ask the judge to divorce her if it is legally proved she has been harmed. The judge has the right to issue divorce verdict if the wife prove that harm. But the judge should try his best to make reconciliation, as Allah commanded him, especially by arbitrating to people to help him.”
Source : Islamonline