Q168 :The woman’s right to demand divorce
A168 : The woman who cannot bear to live with her
husband has the right to free herself from the marriage bond by
returning to her husband the mahr (required marriage gift) and gifts he
has given her, or more or less than that according to their mutual
agreement. It is, however, preferable that he should not ask for more
than he has given her. Allah Ta’ala says: …And if you fear that the
two may not be able to keep to the limits ordained by Allah, there is
no blame on either of them if she redeems herself …(2:229) The wife
of Thabit bin Qais came to the Prophet and said, “O Messenger of Allah,
I do not approach Thabit bin Qais in respect of character and religion,
but I do not want to be guilty of showing anger to him.” The Prophet
asked her about what she had received from him. She replied, “A
garden”. He asked, “Will you give him back his garden?” “Yes”, she
said. The Prophet then told Thabit, “Accept the garden and make one
declaration of divorce.” It is not permissible for a woman to seek
divorce from her husband unless she has borne ill-treatment from him or
unless she has an acceptable reason which requires their separation.
Said the Prophet, “If any woman asks her husband for a divorce without
some strong reason, the fragrance of the Garden will be forbidden to
her.”
Our Dialogue ( Source : Arab News – Jeddah )