A sister got married to a man. They have two children. They all live in Ghana but in different cities. The problem is that the husband had a first wife whom he lives together with while the sister lives alone. The husband has not been treating her fairly according to her. He visits her once in a blue moon. Sometime twice a whole year. She has last lamented severely but he wouldn't change. She would like to know if she has the right to seek divorce? Since the husband does not respect her.
2 Answers
In Islam, divorce initiated by the wife is termed "Khula". There's actually a Wikipedia article on it.
If the husband agrees to the divorce, it's much easier as it's then talaq. However if he doesn't agree then they'll need to take it to an Islamic court.
Generally it seems the wife will need to repay the dowry, however the specifics could differ locally. I'm not familiar with what is expected in Ghana so an imam will be able to enlighten her further.
Unfortunately there's no way for her to do it without the permission of either her husband or an Islamic court. In Islam she has no inherent right to a divorce- for it to be permitted there has to be sufficient cause.
In her case I'm sure the court would rule in her favour, as my understanding is that wives are supposed to be treated equally. Not doing so could well be grounds for divorce.
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Unfortunately there's no way for her to do it without the permission of either her husband or an Islamic court. In Islam she has no inherent right to a divorce- for it to be permitted there has to be sufficient cause.
- Why? Commented Jul 19, 2021 at 18:23
She has the right to file a divorce if the husband is not fulfilling her rights; such as providing livelihood, love and intimacy etc.
This is sort of oppression and therefore she has complete right to divorce.