The Power of Divorce
Question :

Does Islam allow the wife to have the power to divorce her husband?

Answer :

Islam has not established marriage in such a way. Islam has legislated marriage in a manner that gives the husband the right of divorce, as well as the financial obligations and other responsibilities.

Divorce in Temporary Marriage
Question :

Can there be a divorce in temporary marriage?

Answer :

There is no divorce in temporary marriage. The husband can waive the remaining period of the contract. If he did, then she is no longer his wife.

Observing Iddah
Question :

If a man waives the remaining time in a temporary marriage which was consummated, then after a few days the same man and woman engage in another temporary marriage which is not consummated, will the women have to observe the waiting period after it ends?

Answer :

When the marriage is consummated and the time of the temporary marriage is finished or the husband forgoes the remaining time of marriage, if the couple wanted to remarry again then the woman does not have to undertake the waiting period, iddah. If the woman wanted to marry another man, she is not permitted to do so unless she observes the waiting period of the marriage with the previous husband.

A Sunni Man and A Shia Woman
Question :

A Sunni man was married to a Shia woman. After some time, they were separated. She filed for divorce against him in the courts. He went to a Sunni judge and divorced her but her civil divorce is not completed yet. Is she considered as divorced? Can she remarry again?

Answer :

If the divorce by the Sunni judge was based on the religious laws of the sect of the husband, the divorce is correct, even if it is not registered in a legal way. She can remarry after observing the waiting period (the iddah).

Condition in the Marriage Contract
Question :

A woman knows she cannot have children and tells this to the man who wants to marry her, and the man still agrees to the marriage. They draw up a marriage contract where she stipulates that he must not divorce her unless she betrays him, commit adultery or he finds a more beautiful wife. Years later, the man divorces her anyway on the grounds that she cannot have children. Is the divorce valid?

Answer :

If the mentioned condition was part of the marriage contract, the divorce is not valid, and the woman is still his wife, based on the mentioned details.

Iddah
Question : If a woman during her Idda has a miscarriage, is her Idda completed? If she is forced to have an abortion to save her life, will the Idda end?
Answer : The waiting period ends with a miscarriage or abortion, even in cases where abortion is prohibited.
Talaq- Khula
Question : A girl was divorced with the divorce of khulaʾ through a representative of the husband, and it was made a condition that the girl should surrender half of her dower. The divorce was pronounced and certificate issued, and all other monetary transactions were cleared, but the girl still has not given half of the dower. After observation of the waiting period, she then married another man. Please advise whether the divorce is valid, considering she has not paid the agreed half of the dower, and if it is void what should be done regarding her second marriage?
Answer : The divorce is valid. She owes him the agreed amount. He is allowed to demand it from her.
Divorce
Question : Someone has told me that the divorce is invalid if the divorce certificate does not mention its details, such as the addresses, contact numbers and the reason for the divorce. Is this true?
Answer : It is not necessary in the validity of the divorce to have a certificate.
Divorce
Question : Can the divorce be given without the consent of the wife?
Answer : The consent of the wife is not a condition in the validity of the divorce.
Divorce
Question : What is the ʿiddah period for khulaʾ divorce?
Answer : The waiting period is three durations of purity between the menstruation periods, the first of which is when the divorce takes place. The waiting period ends when she begins her third menstrual period after the divorce. It is better that she waits until she finishes the third menstrual period before remarrying.
Divorce
Question : Is the khulaʾ divorce revocable?
Answer : No, the khulaʾ divorce is irrevocable, so they cannot return to each other in marriage unless they marry each other with a new marriage contract. It is considered as one divorce.
Divorce
Question : In what situations can khulaʾ divorce take place and how?
Answer : The khulaʾ divorce is not valid unless the woman hates her tie of marriage with her husband in such a way that her hatred leads her to not fulfilling her conjugal duties. Simply not liking him without reaching such a level of resentment does not suffice for bringing about the divorce by khulaʾ.
When all conditions are met, the woman can start the divorce formula by saying "khālaʾtuka ʿalā..." (I form a khulaʾ divorce for the amount of...), and she states the amount of money that she is willing to give him. The husband says afterwards with his intention of accepting the khulaʾ divorce, "Radhītu bi-dhālik" (I accept that).
If she does not hate him to the level of refusing his marital rights, the khulaʾ divorce cannot be established, and the normal revocable divorce can take place then, which does not become irrevocable unless the waiting period is completed.
Talaq-e-Mubarat
Question : Does the khulaʾ and mubārāt divorce require witnesses?
Answer : All types of divorce, including khulaʾ and mubārāt, are not valid unless there are qualified witnesses present, and the other conditions must also be fulfilled, such as the woman not being in her menstrual period and not having had sexual intercourse since the last menstrual period.
The Right of Divorce
Question :

According to Shia Islamic law, does the woman have the right to divorce herself from her husband?

Answer :

No, she does not have this right. However, if the wife stipulates a condition in the marriage contract that she will be his agent in her own divorce in such a way that she cannot be discharged from such an appointment and the husband agreed to this, then she can divorce herself on behalf of her husband. She can also divorce herself on behalf of her husband, if she makes it a condition in the marriage contract that if the husband travels and disappears during his travel, she will be his agent in reciting the divorce formula.

The Right of Divorce
Question :

Can a wife divorce her husband due to his infertility, without his consent?

Answer :

She can ask him to divorce her, but she cannot divorce herself.

observing iddah of divorce
Question : Is it obligatory on the husband to stay with the wife during the iddah period?
Answer : It is obligatory on the husband to provide residence for his wife during the waiting period, iddah, of a revocable (raj’i) divorce.
Reasons of Divorce
Question :

Can I divorce my wife based on the fact that I do not like her or should there be other reasons?

Answer :

The divorce is the right of the husband. In order to be fair, one should not choose to divorce his wife unless it is necessary. It is better to try to fix the relationship with the wife as much as possible, since a divorced woman is subjected to social and psychological harm more than a divorced man.

Rules of Divorce
Question : If a husband and wife decided on divorce by khula, is it valid if it takes place during menstruation, or if they have sexual intercourse the day before?
Answer : Divorce of any type is invalid if it takes place during the menstruation period of the wife, or if they had sexual intercourse since the last menstruation period.
Divorce
Question : Is the Iddah period obligatory on a woman who used birth control pills in her previous marriage?
Answer : If the marriage was consummated then observing Iddah is obligatory in all cases.
Divorce
Question : One performed the divorce in the presence of his wife’s father and the husband of her paternal aunt, on the demand of his wife for divorce. Is the divorce valid?
Answer : If the said two people are believers, and they adhere to the laws of Islam in a regular way and do not insist on committing sins when they commit any, then they are considered as ʿādil witnesses for a divorce. If the rest of the conditions are met, then the divorce is valid.