12. In Islam, how can a woman
divorce a man?

Islamic law on marriage and divorce provides for almost all eventualities including a woman’s right to divorce her husband. Islam has two provisions through which a woman may give divorce, however, we must first understand that marriage is the rule of life and divorce is only an exception. But the latter must also be accepted as a reality. Separation is strongly advised against in case of minor provocations. It is meant only as a last resort, when it has become truly unavoidable.

The first method of divorce for a woman is to present her case before a religious scholar, or a body of religious scholars. They give consideration to her circumstances in the light of the Quran and the Hadith, and on reasonable grounds for separation, they decide in her favour. This is termed as khula.

The second method is called talaq-e-tafweez (or delegated divorce) in which a husband may delegate to the wife the authority to pronounce talaq or divorce. It works when a prenuptial clause is inserted in the marriage document. The woman can tell her husband any time in her life that she wants to divorce him for certain reasons. The husband is bound to agree if she seeks separation. The parents of the woman can secure this right for their daughter at the time of her marriage. But the elders of both families are expected to advise and oversee that the rights of neither party are being misused.