Q. this is from Jennifer – she asks… – Is it only the husband who can say ‘Triple Talaq’ and get one? – What has a woman to do, if she wants to get divorce or ‘Talaq’?

A. (Dr. Zakir): The sister has asked a question, that a husband can divorce a woman – She has not asked about Triple ‘Talaq’, that is another answer. But the main question is –  A husband can divorce… Can a woman also divorce, or can she give ‘Talaq’? A woman cannot give ‘Talaq’ – because ‘Talaq’ is a Arabic word used for divorce, when a man gives to a woman – husband gives to a wife – but a woman can divorce. There are 5 types of divorce, in Islam – The first type is by unilateral… by unilateral agreement, between the husband and wife – Both may say… ‘Okay, we are not compatible… let us part’.  The second type, is by the unilateral will of the husband, that is called a ‘Talaq’, in which, he has to forgo his ‘Meher’. If he has not paid it, he has to pay it to her… and including the gifts, he has given to her. Third type, is by the unilateral will of the wife – I repeat, by the unilateral will of the wife… if she mentions it in her marriage contract. If she mentions it in her Nikah-Nama… in her marriage contract, that she has the right to give unilateral divorce, she can give it – It is call as ‘Isma’. I have never heard of anyone speaking of an ‘Isma’ – It is called as ‘Isma’ – Even a woman can give divorce, ‘Isma’.  Third category is, if the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi, and nullify the marriage – It is called as ‘Nikah-e-Fask’. In this, according to the Kazi, he may ask the husband to give the full ‘Meher’, or part of the ‘Meher’, depending upon the Kazi. And the last is ‘Kulah’– that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband – she has… she can request the husband, to divorce her – and that is called as ‘Kulah’. But very few people talk about women giving divorce, to the men. Some of the Ulemas have categorized these 5 types of divorce, into 2 or 3 different categories, but broadly there are 5 types of divorce, in Islam. Hope that answers the question.

24 thoughts on “Q. this is from Jennifer – she asks… – Is it only the husband who can say ‘Triple Talaq’ and get one? – What has a woman to do, if she wants to get divorce or ‘Talaq’?

  1. I had been divorced last year from my husband on September 25 2013. He was not ready to take a separation and it was against his will. but he give a divorce under pressure of my families and me. Because we forced him to give a divorce. The divorce was with no reason, I was mentally upset and ask him to give me. He didn’t said 3 divorces by spoken words, But he divorced me through divorce paper as divorce, divorce, divorce ( Talaak Salasa ). So is this divorce valid? Or we are still husband and wife! And is our relation halal to each other.
    After divorce I didn’t went back to my husband house. And my iddat period was over in December 25 2013. After divorce he came to see me at night as I was crying and he said that he will take me back and hugged me in front of my mom and Allah. And after that we have seen 2,3 times again. And we talked on phone every single day.
    As I live in USA and he lives in Pakistan, after divorce I had to come back to USA as my father was not ok. And during my iddat time I didn’t went back to Pakistan, but we were on phone everytime.
    On divorce paper they clearly said ” we are giving the divorce because the girl is forcing us for divorce after every single time. So we are giving divorce divorce divorce “salasa talaak”.
    Now I really want to go back to my husband without doing Halala.
    Please reply me briefly
    I asked many imam. Some says 3 divorces at one sittings consider 1. And I can go back to him. And some says no. And they even says that the divorces under pressure of the families doesn’t consider a valid divorce.
    And they even says that if me and my husband met each other after divorce night and said that he will take me back and hugged me, that time too my divorce was finished. And we are legally husband and wife from that moment. Even his family and my family we’re agree with our relation.
    He didn’t wrote the divorce paper, he just signed it, and he thought that I have to sign it too, we were not prepared that we had a divorce from that time.

    Need the fatwa .

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  2. In the 3rd type of divorce Isma…..unilateral divorce by wife as she has right on Nikah Nama……doez she have to forgo Mehr & return all gift itemz??

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  3. This April we’ll complete our 3 years of marriage.. But now i want to divorce my husband bcz my husband is still not earning.. He’s relying on my father for everything. Papa is paying all his dues. Around 20 lacs he has taken for his studies as he’s a MBBS doctor. And his nature is also not good..doesnt support my sisters for further studies in medical field. As i am from a humanities stream, he doesn’t respect me as well. I think i have developed hate feelings towards him.

    Should i ask him for divorce?? I am really confused…or should i wait till he starts working..that even not sure when will he pursue his job?? My parents are regretting but they are a kind of helpless. I am the eldest nd i have five more sisters to look after..this can have a bad impact on their future.. I don’t know what to do.
    HELP!

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