What are the proofs that the husband has the rights to divorce?
In the name of Allah, the most Beneficent, the most Merciful.
There are many reasons/wisdom behind the right of divorce being given to men. One of them being that women have been created differently to men physically, mentally and emotionally. Due to this reason the rights of issuing the divorce was not given to them. If it was, there would be many divorces and break up of marriages. On the other hand a man due to his nature generally has more ability to control his temper, assess, reflect and ponder the situation. Hence, the right was given to him.(The Complete System of Talaq – Mufti Abdul Jaleel QasmiP.43)
The evidences from the Holy Quran is as follows:
1 “O Prophet! when you divorce women, divorce them at their prescribed periods.” (Surah Talaq V.1)
2 “So, if the husband divorces his wife, he cannot after that remarry her until after she has married another husband.” (Surah Baqarah v230)
3 “When you divorce women and they fulfill the term of iddah…” (Surah Baqarah v231)
4 “There is no blame on you if youdivorce women before consumption or the fixation of the dower.” (Surah Baqarah v236)
5 “And he is whose hand is the Marriage …” (Surah Baqarah v237)
Only Allah Knows Best.
Mohammed Tosir Miah
Darul Ifta Birmingham