Following on from Organic’s topic of divorce where recommendations for compiling a pre-nup is being encouraged a set of issues have also arisen. Pre nups are definitely good – they are a means of noting down expectations and general agreements/disagreements which are best being stated and argued over at the beginning than ending up with nasty surprises later down the line.

 One issue being discussed is for the woman to stipulate her full right to divorce herself from her husband. Which means without 3rd party intervention (through a judge/qadi), without asking him for divorce or initiating it via someone else (where her father/brother states it). I’ve read about this a lot over the past year, but there are some aspects of it which I find confusing. They are as follows:

  • If a woman stipulates this condition of divorce then does that mean she strips the man of it? Or does she gain the same right as he does (divorcing her w/o going through a 3rd person). I was under the assumption only one person has the full and complete right
  • Would she also do it in the same manner as him – as in uttering it thrice. Or would she just state it once and it’d be implemented? Or does it simply mean she can begin divorce proceedings without gaining approval from a 3rd person?
  • A woman cannot divorce her husband, but can divorce herself from him. Whats the difference? Is there a difference between the two? Because they seem similar to me.
  • I personally have only come across the deference of right when conditions/promises are broken – such as if the man stated from the outset he would not take on another wife, or he would not emigrate from the city for example, then she has the right to divorce him on that basis. This is known as “tafweed” (I think – correct me if im wrong please).
  • She can nominate the right to divorce herself from the husband to another agent (usually her brother/father or uncle)
  • This full right to divorce is termed “mashiat” Info on the above two last points can be read about here

I can’t find any link, article or source that addresses the above issue. I can’t find something that addresses this issue of the woman’s full right to divorce at all – so expecting articles addressing all the above points is pushing it I suppose! None of the Q/A sites address this full right either – they only ever speak about tafweed.

Does anyone have any further into on this? With proper references to texts etc.