Based on traditional jurisprudence, and referenced in the Qur'an and hadith, khul' allows a woman to initiate a divorce. In terms, breaking the marriage relationship with the wife's willingness to pay compensation (iwald) to the owner of the contract, namely the husband.
Women are able to initiate divorce through the process of khul'. This is a form of no-fault divorce referred to in the Qur'an and Sunnah where the husband's consent was not stated to be required.
As such, although Islam essentially gives the right of divorce to the husband, it also permits conditions which can place that right with the wife.
A woman is not authorized to issue a Talāq to her husband; hence, the Talāq issued by a woman has no bearing on her Nikāh. This is provided that the husband has not delegated the right of Talāq to her. If the right of Talāq has been delegated to her then a Talāq will occur with her issuance.
In case of a divorce, either husband/ wife can file for divorce but only on specific grounds. While filing for divorce , the husband/ wife has to state the reason behind the decision. There are various grounds indicated by the law that can be used as grounds for divorce either by the husband/ wife.
To obtain a divorce you must confirm that your marriage has irretrievably broken down.
If he is declared missing, she may indeed have the marriage dissolved (on grounds of presumed widowhood) at the time when he would have turned 90. Maliki law, by contrast, allows her to seek divorce for non-support, abandonment, and the broad charge of “injury” (darar), which can be physical or otherwise.
Talaq-E-Tafweez:
Tafweez means to make someone the owner of an act which appertains to the person making the tafweez. Talaq-e-tafweez is one of the most important forms of divorce under Muslim Law because it gives to Muslim women a right to divorce their husband without going to court of law.
Talaq may be oral or written, in any form or expression, in absence of any witness and at the complete will of the husband. The word talaq must be a clear indication of the husband's will to dissolve the marriage.
According to the Board, the husband reserves the right to accept or reject her demand for Khula. In a statement, the Board stated “Khula is dependent on both husband and wife agreeing to end marriage after a woman initiates the proposal”.
Triple talaq is a form of divorce that was practised in Islam, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media.
A man who has vowed to have nothing to do with his wife is to wait four months. in the end divorce is resolved upon, it must just take place. from their houses, and let them not go out, unless they commit manifest indecency.”
Waiting Period Before Remarriage
Women of childbearing years are directed to wait until three menstrual cycles have passed before remarrying after a divorce. If during this waiting period, the woman discovers that she is pregnant, then her former husband has the right to re-marry her.
Triple repudiation, talaq thalatha, occurs when a husband pronounces three repudiations at once rather than divorcing his wife once, revocably, and simply allowing the waiting period to expire without taking her back.
The Khula / Faskh is an intricate process which may take between 4-6 months and will include the following: The Khula case to be strictly handled only by a qualified Mufti or Scholar. A complimentary counselling session for anxiety etc. Mediation (if required)
If, the husband, uses the word Talaq for a third time, or three consecutive times orally, (directing at her, with intention of divorce), then the final divorce is completed and the couple cannot remarry through the Iddah period procedure or by their own personal consent.
Divorce under Muslim law is divided into different categories such as divorce my husband (Talaq-ul-Sunnat, Talaq-ul-Biddat, Ila, Zihar), divorce by wife (Talaq-e-Tafweez), divorce by mutual consent (khula, mubarat) and divorce by judicial decree under The Muslim Dissolution of Marriage Act, 1939 (lian, fask).
Sheikh Al-Islam ibn Taimiyah has said that saying the divorce three times in one sitting is considered only one divorce no matter whether his intention was to confirm or make a new divorce, and according to his opinion whoever says to his wife you are divorced, ×3 times, it is considered only one divorce and he can ...
The Prophet (peace and blessings be upon him) said, “Actions are reckoned by their intentions.” Moreover, the Prophet (peace and blessings be upon him) is reported to have said, “There is no (valid) divorce in an extreme state of anger”; this is due to the fact that in such a state, a person is not in his right mind; ...
In summary, divorce and khula are two different procedures that result in the dissolution of a Muslim marriage. Divorce is initiated by the husband, while Khula in Islam is initiated by the wife. Divorce requires the husband to pronounce talaq, while khula requires the wife to seek a court order and return the mahr.
The subject of divorce is addressed in four different surahs of the Quran, including the general principle articulated in 2:231: If you divorce women, and they reach their appointed term, hold them back in amity or let them go in amity. Do not hold them back out of malice, to be vindictive.
What to do when your wife wants a divorce: Take care of yourself, learn how to accept her decision, then mediate! If your wife asked for a divorce and you don't want to put yourself or your children through the ringer, you learn how to cope with divorce and get help and support for your emotional well-being.