Why Can’t a Woman Initiate Divorce in Islam?
Answered by Shaykh Dr. Muhammad Abu Bakr Badhib
Question
Why is a woman not able to initiate divorce from a man in Islam?
Answer
In the name of Allah, and all praise is due to Allah, and blessings and peace be upon our master Muhammad, the Messenger of Allah, his Family, his Companions, and those who follow him.
The Sacred Law assigns the right of divorce to the husband for several reasons, including:
The Husband’s Role as Protector and Provider (Qawwam)
Allah (Most High) says,
“Men are the caretakers of women, as men have been provisioned by Allah over women.” [Quran, 4:34]
Ibn Kathir explains that prophethood, as well as leadership roles, are designated specifically to men, reflecting a societal structure where men are expected to take on roles of responsibility and decision-making. [Ibn Kathir, Tafsir Ibn Kathir]
Qurtubi also notes that men are suited for leadership roles and responsibilities, such as governance and protection, which are not expected of women. [Qurtubi, Tafsir al-Qurtubi]
Thus, this verse indicates that the husband holds a role of leadership and guidance over the wife, helping her to stay on a virtuous path if she falters. [Ibn Kathir, Tafsir Ibn Kathir]
The Husband’s Authority over the Marriage Contract
Allah (Most High) states,
“…or the one in whose hand is the marriage contract foregoes it.” [Quran, 2:237]
Ibn Mundhir interprets “in whose hand is the marriage contract” as referring to the husband. This understanding is supported by interpretations from numerous scholars, including ‘Ali, Ibn ‘Abbas, Jubayr Ibn Mut‘im, and others. Additionally, this view is upheld by other prominent scholars such as Shurayh, Sa‘id Ibn al-Musayyib, Sa‘id Ibn Jubayr, Mujahid, Nafi‘ Ibn Jubayr, Nafi‘ (the servant of Ibn ‘Umar), Iyas Ibn Mu‘awiya, Jabir Ibn Zayd, and Ibn Sirin. It is also the opinion of Thawri, Shafiʽi, Ishaq, Abu Thawr, and scholars from the Hanafi School of thought. [Ibn Mundhir, al-Ishraf]
Differences in Emotional Nature and Responsibilities
Men and women are naturally different in their emotional makeup; women are generally more emotional, while men are characterized by firmness and resilience, especially in public life. These qualities influence decision-making capacities, particularly in moments of emotional stress, like those often present during a divorce.
These factors, based on the wisdom of Islamic legislation, underpin why Islam assigns the right to initiate divorce to the husband. Islam is a religion governed by divine laws designed to ensure harmony and structure on earth in the way Allah (Most High) intended. We ask Allah to grant us contentment with His decree and guidance towards the straight path.
[Shaykh] Dr. Muhammad Abu Bakr Badhib
Shaykh Dr. Muhammad Abu Bakr Badhib is a prominent Islamic scholar from Yemen. He was born in Shibam, Hadhramaut, in 1976. He received his degree in Shari‘a from Al-Ahqaf University, a master’s degree from the Islamic University of Beirut, and a PhD in Usul al-Din from Aligarh Muslim University (AMU).
He studied under great scholars such as Shaykh al-Habib Ahmad Mashhur al-Haddad, Shaykh Fadl Ba‘ fadl, Habib Salim al-Shatiri, Habib Ali Mashhur bin Hafeez, and others. He has served as the Director of Publications at Dar al-Fiqh, the former Deputy Director of Cultural Relations at Al-Ahqaf University, a former Assistant for Employee Affairs at Atiyah Iron Company, a researcher at the Sunna Center affiliated with the Dallah al-Baraka Foundation, and a researcher at Al-Furqan Foundation’s Makka al-Mukarrama and Madina al-Munawwara Encyclopedia branch.
Currently, he is a researcher at Al-Furqan Foundation’s Makka al-Mukarrama and Madina al-Munawwara Encyclopedia branch, teaches traditionally through the Ijaza system at Dar al-Fuqaha in Turkey, supervises the Arabic department at Nur al-Huda International Institute (SeekersGuidance), and is a member of the Board of Trustees of the Manuscript House in Istanbul.
His works include “The Efforts of Hadhramaut Jurists in Serving the Shafi‘i School,” “Contributions of Hadhramaut Scholars in Spreading Islam and its Sciences in India,” “Hada’iq al-Na‘im in Shafi‘i Fiqh,” in addition to verifying several books in Fiqh, history, the art of biographies, and Asanid (chains of narration).
