Kindly, put some light on the above question

Regards

A women can divorce her husband in most of the countries, religions and laws are different from each other. In most of the countries women can. In islam woman can divoece if it is mentioned in the contract of marriage there is a clause.

If i am wrong some one can correct me.

There is a clause in "nikaah Naama" that a woman can divorce her husband. but it is the common practice in Pakistan that at the time of "Nikaah" it is crossed by her relatives so that a girl can't use this right which Islam gave her.

correct me if i am wrong

Salam
In Islam WOMAN can not divorce. But she is not happy with her husband
then she can take "KHULAA" which is legal right of woman in Islam.
Only husband can divorce.

Regards
Mujtaba

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Dreams are those which 'll never let you sleep.

Women has the right to dissolve contract of marriage through Khulah and Talaq-e-Tafwid. Both are different in nature wise. Khula means release secured by the wife from the husband from marital tie at her instance on paying compensation to him. While Tafwid means "to delegate" there is 18 clause related to Talaq-e-Tafwid in nikkah nama, but only if she availed at the time of nikkah but mostly it is crossed by the relatives.

All sunni school of Law recognize it and based it on an incident mentioned in Quran.

"O prophet (saw) Say to your consorts, if it be that you desire the life of this world and its glitter, then, come, I will provide for your enjoyment and sent you free in a handsome manner:. But if you seek God and His apostle, and the home of hereafter, verily God has prepared for the well-doers among you a great reward." (33: 28,29)

Wife can exercise this right through two ways. Either it is restricted in time so that it has to be exercised within the time stipulated or it is unrestricted by the time means absolute delegation.

Regards,

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zoyee is very right..
yes woman can divorce if clause in nikahnama is not crossed.

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Law Of Divorce:
Under Islamic and law of the country, in marital disputes, the husband is allowed to divorce his wife. Divorce (Talaq) is the most disliked act in the ALLOWED (Halal) acts by Allah. The husband can divorce his wife without even telling the reason to the wife or obtaining her consent.
Religious And Legal Modes Of Divorce:
1. Talaq-e-Ahsan: According to the Holy Prophet (PBUH) Talaq-e-Ahsan is the best mode of divorce.
2. Talaq-e-Hasan: In this mode of divorce, the husband pronounces Talaq each coming month during the “Taha’r” period.
3. Talaq-e-Bida’ie: In this mode of divorce the husband pronounces Three Talaqs at the same time.

Other Modes Of Divorce:
1. Khul’a: Khul’a is the right delegated to the wife in marital situations where wife develops intense dislike and hatred towards the husband.
2. Talaq-e-Tafve’z: This mode of divorce is delegated to the wife at the time of Nikkah. This delegated right to divorce to the wife may be conditional or otherwise. The wife can use her right to divorce the husband at any time without seeking the court’s help.
3. Khyar-e-Balough (Option Of Puberty): Marriages celebrated in situation where both bride and the groom are of lesser age, such marriages cannot be registered. In Islam the right to marriage of the minors is delegated to their respective “Wali” (Guardian). The Wali can give his minor son/daughter into marriages but the minor, on attaining puberty or becoming legally major can approach the court to nullify such marriage using his/her option of puberty or Khyar-e-Balough. The husband can divorce his wife using this right but the wife has to approach court to use her such right.
4. Mubara’t: In Mubara’t the husband and the wife dissolve their Nikkah on mutual consent and agreement without intervention of the court. However, both the parties are legally bound to fulfill the mutually agreed conditions of Mubara’t. The Holy Quran has allowed divorce on such mutually agreed conditions.
5. Il’a: Il’a (Eila) is the mode of divorce in which the husband does not use the word of ‘Talaq’ instead he swears to end the relationship of husband and wife.
6. Zaha’r: In this mode of divorce the husband does not use the word of “Talaq” to the wife instead he uses words like ‘mother’ ‘sister’ or any other female relationship who fall within the prohibitory degree and with whom his Nikkah cannot be performed.
7. Lia’n: Lia’n is defined as that when the husband accuses the wife of adultery but he does not produce four eye witnesses. This mode of Talaq is complete and effective after following a certain procedure in the court.

Legal Reasons Required For Dissolution Of Marriage By The Wife:
According to Dissolution of Muslim Marriage Act 1939, the wife can file suit for dissolution of marriage if any of the following reasons exists.
1. The wife does not know whereabouts of the husband for four years.
2. The husband fails to provide the wife with maintenance for two years or more.
3. The husband has married again without taking permission from the existing wife or from the chairman conciliation council.
4. The husband is awarded seven years imprisonment by the court.
5. The husband has failed to perform nuptial duties for three years without any reason.
6. The husband was impotent at the time of marriage and it continues.
7. The husband is insane for two years or he has contracted leprosy or any other acute illness.
8. The husband maltreats the wife physically or mentally.
9. The husband is involved in criminal or immoral activities or he pressurizes the wife to indulge in immoral activities.
10. The husband wastes away moveable or immoveable property of the wife without her consent or he does not allow the wife to sale/purchase of her owned property.

Asalam U Alakom,

The woman can divorce herself in some specific condition and normally, the right of Divorce is reserved with husband.We are here not concern to other country Laws pertaining to Divorce but one which is Islamic and Pakistan Family Law. The undermentioned explanation would be helpful in rectifying the doubts regarding the issue.

1.Talaq-Bil-Tafweez(Delegation of power).
The husband may in person repudiate his wife or he may delegate the power of repudiating her to a third person or even to wife,Such a delegation of power is called Tafweez.Delegation must be expressly made and will not be implied.which is also included in (Nikah Nama Cluase). so if the husband at time of (Nikah) Marriage, does not agree to delegate the Right of Divorce to female(Jis sai wo shadi karnay jaa raha ho). So automatically that particular clause on page of Nikah Nama will be stike out.

2. Contingent Divorce.(specified some occurrence).
A stipulation on the part of wife that she shall be allowed to divorce herself in certain Contingencies is valid at all events if the contingencies specified are such as would rendered the step a reasonable one. This type of agreement can be settled before and after the marriage between the spouse.
The mere happening of the event under which, the wife is entitled to divorce does not automatically dissolve the marriage.She must actually exercise it.

3. khula ( Separation on any cause on the behalf of wife).
''The woman may release herself by paying consideration' ( Surat-ul-Baqra:229). The woman can exercise this right on any ground either she dislike her husband or else. But payment or Consideration is must in this.

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what if husband rejects the offer (mehr or anythiing) and doesn't give the khula/talaq; then what can women do? can qazi terminate the marriage or he can just bound the husband like imprison him until he gives talaq? what if even then he doesn't give divorce? will she be in contract or qazi can terminate? (plz tell me accoring to islam....)

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There is also a Judicial limb of Khula and is commonly used when the husband is unwilling to divorce on demand of the wife .. It is also called Judicial divorce and the decision varies case to case .. Pakistani courts now a days are more willing to order a Judicial Divorce on demand of the wife .. For example in one case a wife who asked for divorce in court on the grounds that she hated her husband very much and could not live with him under the limits prescribed by Allah .. The lower court refused the order of divorce on grounds that she couldn't prove her alleged hatred towards her husband .. However, the Court of Appeal reversed the decision and ordered for a divorce, held that the action of going in court of law to get her divorce was enough to prove the hatred towards her husband ..

Divorce and Khula laws in Pakistan are well developed and now a days more inclined to protect the rights and interests of the women, however, the social and cultural barriers prevent the women from doing so in the court of law .. Or, they are unaware of laws regarding their rights ..

Regards ..

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