The financial implications of effectuating divorce by wife

Abstract

God has established provisions for his servants to conduct their affairs and for betterment their conditions.  Among those provisions legitimizing divorce as an exceptional way to end marriage status. This legitimized exceptional way as last resort is to end marriage disputes and terminate marriage status which، in this case، becomes burden on spouses  ، their families، and society as well.

             In order for divorce to achieve its purpose، Islam has out lined certain provisions to take place before and after and during a divorce. As principle ، the right of divorce in islamic sharia is given to husband for some rationalizations، yet this right is not confined to husband. The judge may interfere and end end the marriage or the marriage might be terminated spontaneously  such in Zihar، Lya’n، and illa’ cases  ، or by spouse’s choice could be terminated.

   A woman might divorce herself through authorization or procuration.  In this process، a husband authorizes his wife to divorce herself and this right is transmitted to his wife . This has been accepted by all jurists unanimously except of Al-thahirya’ . Islamic Sharia is a pioneer of granting this right to women، and it could be the only one. Giving this right to women in islamic sharia serves justice to be established by facilitating courts to resolve disputes and it would assist women to not live with obsessive and pervertible husband .it is well known that divorce or separation entails multiple rights for the wife over her husband as a result of that، and these rights usually arise after the divorce or separation has occurred، and the first of these rights is the deferred dowry، then the expense ، and then compensation for an arbitrary divorce. However  the jurists disagreed about whether the wife was the one who divorced herself.