Can a Muslim woman ask for a divorce?
Yes. A Muslim woman can end her marriage. The most common way is khul', where she asks for a divorce and usually returns her dowry. She can also go to an imam, a Muslim judge or a sharia council for a divorce when there's harm or neglect. In the West, she normally needs both an Islamic divorce and a civil one.
Khul': the woman's right to leave
The wife of Thabit ibn Qais came to the Prophet Muhammad ﷺ and said she didn't blame her husband's character or religion, but she couldn't stay in the marriage. The Prophet ﷺ asked her to return the garden Thabit had given her as a dowry, and the marriage was ended (Sahih al-Bukhari 5273).
She didn't need to prove abuse. Unhappiness that made the marriage unworkable was enough.
Divorce for harm (faskh)
If a husband is abusive, doesn't provide, abandons his wife, or refuses to divorce her when the marriage is harmful, a Muslim judge or council can dissolve the marriage without his agreement. In this case, the wife usually doesn't have to return her dowry.
Try reconciliation first, if it's safe
The Quran recommends appointing one mediator from each family when a marriage is in trouble (Quran 4:35). Counseling, an imam's advice or a trusted family member can sometimes save a marriage. But reconciliation is never required when there is abuse.
Islamic and civil divorce in the West
- Civil divorce ends the legal marriage, but many scholars don't consider it enough on its own Islamically.
- Islamic divorce is handled by an imam, mosque or sharia council in many cities in the UK, Europe and the USA.
- If your marriage was registered legally, you'll need a civil divorce too.
Get advice on both, especially if children or property are involved.
See also What if my husband won't let me practice Islam?
- A Muslim woman can request a divorce through khul'.
- She usually returns the dowry in khul'.
- A judge or council can end a harmful marriage.
- In the West, get both Islamic and civil divorce.
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