Divorce from woman side

Question

What are the ways and rulings in which a woman can initiate a divorce from her husband? Can a woman also say "Talaq" three times and give divorce to her husband or does that just work from a man's side?

Answer 1

A woman can not give divorce, let alone by merely saying the word 'Talaq'. That is because divorce is solely in the power of the husband:

إلا أن يعفون أو يعفو الذي بيده عقدة النكاح

Unless they (the women) agree to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Mahr

^{— Quran 2:237}

إنما الطلاق لمن أخذ بالساق

Divorce belongs to the one who takes hold of the calf (i.e. her husband).

^{— Ibn Majah - classed as Hassan by Al-Albani}

This proves that the divorce is not in the hands of the wife but rather is in the hands of the husband.

And this is also evident from the verses on Khula':

فإن خفتم ألا يقيما حدود الله فلا جناح عليهما فيما افتدت به

But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself.

^{— Quran 2:229}

ولا تعضلوهن لتذهبوا ببعض ما آتيتموهن إلا أن يأتين بفاحشة مبينة

Do not hold on to them so that you may take away some of what you have given them, unless they commit a clearly shameful act.

^{— Quran 4:19}

Because if a wife could unilaterally end the marriage by saying a simple word then there was no need for her to ransom herself and no possibility for the husband to constraint his wife in order to make her return the money he spent on her.

And it is also evident from the verse on Tafwidh:

يا أيها النبي قل لأزواجك إن كنتن تردن الحياة الدنيا وزينتها فتعالين أمتعكن وأسرحكن سراحا جميلا

O Prophet, say to your wives, "If you should desire the worldly life and its adornment, then come, I will provide for you and give you a gracious release.

^{— Quran 33:28}

Because if the wives could unilaterally give divorce themselves then it is meaningless to give them the choice to be released.

A woman can however obtain divorce in the following ways:

• She can ask the husband to divorce her. And for this she can persuade the husband by e.g. paying back the money he has spent on her. This is called Khula'.

• The husband can temporarily delegate the option of divorce to the wife, and she can exercise it to be divorced. This is called Tafwidh.

• She can petition a judge who can invalidate the marriage in exceptional circumstances, such as when the husband has been missing for a long time and is presumed dead. This is called Faskh.

Ref:

أن الزوج قادر على تطليقها، وإذا طلقها فهو قادر على مراجعتها، شاءت المرأة أم أبت، أما المرأة فلا تقدر على تطليق الزوج، وبعد الطلاق لا تقدر على مراجعة الزوج ولا تقدر أيضا على أن تمنع الزوج من المراجعة

(Under the exegesis of verse "But the men have a degree over them" (2:228))

A husband has the power to divorce his wife, and if he divorces her (in a revocable divorce) then he has the power to take her back, regardless of whether the woman wants it or not.

But a wife does not have the power to divorce her husband, and after divorce she can not make him take her back and she can also not prevent the husband from taking her back.

^{— Tafsir al-Razi}