Salam Brother in ISlam
The category of divorce is that of tafrīq or faskh: dissolution of the marriage through a judicial process.Whereby the wife, or her blood relatives, could complain of her situation to a judge, who could then grant her a divorce without the consent of her husband.
Is this category proven from Sunnah or Hadith of our beloved prophet(SAW) ?
If this right is allowed to a woman, whhat are the valid shariah reasons woman can use this category for?
Wa’alaykum as Salam wa rahmatullahi wa barakatuhu,
In Islam, a male has the authority of divorce. If a female finds reason to desolve a marriage, she may present her case to a judge (or to a scholar, if there is no Shariah legal system), and he would study the reasons why she desires to seperate. If he finds that she has valid grounds, he may issue the Faskh.
Valid Shariah reasons include – and is not limited to – the following:
- Husband having a major illness, which he did not divulge to her before marriage.
- Husband not paying for her expenses.
- Husband being impotent, or unable to satisfy her sexually.
- Fearing for her life if she continuous living with him.
And Allaah Ta’aala knows best
Ismail Moosa (Mufti)