Grounds Open
For A Muslim Wife For Dissolution Of Marriage Tie. She has the right to divorce her husband based on the following grounds.
Islam is a complete code of life. Solving all problems relating to matrimonial life. Never left the wife at the mercy of the husband, who doesn't care about his wife's needs. Whether physical or spiritual. In that case, the wife has the right to divorce her husband.
All issues affecting life in any way are addressed properly. Islam in advance guides the human being to dwell according to its teachings will never face any difficulty and provide solutions if acted upon, the coming life will be remarkable and splendid.
As we know
that a Muslim man of sound mind who has attained puberty can divorce his wife
without any reason or cause at his mere whim or caprice. One should keep in
mind that a Muslim man can exercise this power, because when he no more
tolerates his wife at home, so he gets rid of his wife, divorce her, and
expelled her from life and home. Islam the religion of peace and guiding torch
a ray of hope and, above all, saturated with all kinds of virtues that will never spoil the Muslim woman's life. The life of a woman is so sacred as that of a man, there is no specific priority for him. Give them full authority and the right to spend their lives as
they wish according to the teaching of Islam.
- Islam guaranteed each and every human being to live peacefully and no one has the right to torture any other person even if it is his wife or in his possession. A woman married under Islamic law is entitled and authorized to obtain a degree to get rid of her husband. When the wife considers that she can’t live here with her husband peacefully and want to dissolve the marriage, the following grounds are open for her to dissolve the marriage.
- 1. That the husband
ignored altogether the maintenance of her wife for 2 years. He
must provide all the basic necessities without prior demand. ( As it is the husband's duty and the wife's right to satisfy these basic essentials).
- 2. That the husband
was impotent at the time of marriage and still unable to continue the
matrimonial life. (On the husband's application if the court is satisfied that he is capable of performing his conjugal duties and he has no more impotent. Then no degree
shall be passed against him, the court required the husband to satisfy the
court within one year from the date of such order of his ceased to
be impotent).
- 3. That the husband is sentenced to imprisonment for a period of 7 years or more. In this case, a solid reason is also available for the wife to go for dissolution of the marriage tie. ( A decree shall not be passed on this ground until the sentence became final).
- 4. That the
whereabouts of the husband have not been known for 4 years. This is
a huge time to wait. Beyond that is oppression. ( the decree passed on this
ground will not be affected for six months from the date of such decree. If a degree passed on this ground. The husband appears before the court in person or through an authorized agent and satisfies the court
that he will perform his conjugal duties). The court will set aside such a decree.
- 5. The husband without any reasonable cause did not perform the marital obligation for 3 years.
- 6. The husband suffering from leprosy or other virulent venereal disease has been insane for two years.
- 7. That she has
been given by her father or another paternal guardian before the age of fifteen,
she repudiates the marriage attaining the age of 18 years. These are the solid
reasons behalf which a Muslim wife can dissolve her marriage tie. Islamic
law endorses her with this right of dissolving marriage.
- 8. That the husband
does misbehave or treat her brutally and cruelly.
- 9. Assault her or make her life miserable even the conduct doesn’t amount to physical beating, using harsh words is a solid ground for a Muslim wife to get rid of such a brutal man.
- Leads an immoral life, associated with ill-reputed women.
- Compelling her wife to lead an immoral life like him.
- Sabotaging and dispersing the property of the wife, not letting her use it according to what she has a legal right over it.
- Obstructing her from her religious obligation. To act upon the teaching of Islam is the basic right to purify one's life. Actually, the essence of marriage is to purify the soul. If there is an obstruction then were to become pious
- Islamic law also permits her where she found herself inconvenience to live according to the provision of Islamic principles. She is entitled to obtain a decree for the dissolution of her marriage.
- If the man has more wives than one and he treats her not equally according to the teachings of Islam, she has the right to obtain a decree for the dissolution of her marriage.
These are the grounds on basis of which a woman can obtain the decree of dissolution of marriage and divorce her husband. The following is the other form of divorce that a woman can exercise.
Khula:-
This form of divorce takes place with the consent of the wife, in which the wife gives some consideration to the husband for her release to dissolve the marriage. We can use the word bargain as this action matters here. The wife will leave her dower or other things for the benefit of the husband. When the couple reached any agreement she may be released from the matrimonial life. Here the most important thing is the consideration or other benefit for the husband. This should be noted that if the wife is unable to pay what is agreed upon, the Khula divorce is not invalidated. He may sue or not, but the Khula divorce remains intact. So we can say that a Khula divorce is completed when the wife offer consideration and the husband accept that offer.
The life of a woman is sacred.
As we discussed earlier that in Islam there is no discrimination based on sex. Both are equal. They are granted rights and duties to run society. They make an institution, one has rights and the other has duties, and vice versa. Without one the other is incomplete. So if life becomes unbearable then grounds are open to get a divorce and finish the matrimonial life. This is the best way.
