Question:

Can you please mention some daleel that only a man can give talaq and not women?

Answer:

The proof that only men can give Talaq, are the many verses in which men have been specifically mentioned as those who give divorce. For example: "And if he divorces her (the third time), then she is not lawful for him until she weds another husband. Then if the other husband divorces her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah." (Sura Al-Baqara:230-231). Clearly in these verses we see that in the scenario that a woman wishes to go back to her first divorcing husband, Allah taala did not say that once she has married her second husband that if he or she divorce then she may marry the first husband, rather clearly only the husband was mentioned who can divorce. Furthermore, never in the history of Islam has a woman divorced. Never in the time of the Prophet, peace and blessing upon him, or his companions did a woman come and say that: I have given Talaq to my husband, what is the ruling? Rather, the right of Talaq/Divorce was only the right of the men. This requires elaboration. It means this precise manner of separating from one's spouse was only given to men by Allah taala. That is they may divorce their wives by simply uttering the word Divorce/Talaq, without any witnesses, at any place or time. This did not mean women could never separate if they needed to. Women too had the right to separate but the procedure for them was different. She could seek separation through what is termed Khula, the rules of which are mentioned in the Holy Qur'an, or she could go through an Islamic judge to validate the case for her seeking separation. One must remember this system of divorce, being as it was from the Wise Creator, not only protected the rights of women it also ensured the cause for the destruction of society (which we are sadly witnessing today) is also not permitted to occur, namely divorces taking place easily and ubiquitously for most flimsy of reasons. Evidence proves that women due to their emotional nature, if they had been given this right in the manner the men had been given it, divorce would be given over trivial issues, without due efforts for reconciliation and patience, thereby destroying the Family and with it society. As Muslims we should marvel at the beauty of Islamic Law, how 1400 years ago when women had no rights the World over, and could even be killed by the husband if his whim took him in most places in the World, Islam established such unprecedented reforms in the regards to the rights of women.

Mufti Mohammed Sajjad

Wallahu Aalam bis-sawab

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The answer to this question is the opinion of the scholar and does not reflect the opinion of other scholars of As-Suffa Institute and As-Suffa Institute as an organisation.