What are the reasons for a woman’s divorce? A man can divorce his wife immediately if she is dirty, slovenly, disharmonious, bad-tempered, and does not care about neighborliness and kinship, etc. Does the same thing apply to women in the same situations?

And if the woman is in the same situation, that is, if her husband is extremely dirty, bad-tempered, unreliable, and if she has become estranged from her husband because of them, is there any religious objection for her to divorce? The woman has even warned her husband many times and tried to change him, but the result is the same...

Dear Brother / Sister,

It is halal, not haram, for a woman to divorce her husband if she believes that the marriage will not work, if her marriage continues unhappily and if she has become estranged from her husband.

According to Islam, the purpose of marriage is to establish a peaceful family life and to raise a good generation in such a home. However, it is not possible for all marriages established with such lofty goals to succeed. Sometimes natural obstacles, such as death and illness, and sometimes obstacles caused by the spouses, such as incompatibility, hating each other, disliking each other and disagreement between the spouses prevent the success and continuation of the marriage.

Islam permits the termination of marriage in cases where the original purpose of marriage is lost, where the spouses are no longer able to live together in peace, and where necessity and obligation require it. In accordance with this permission, the marriage can be terminated by the man directly or in return for a price he receives from the woman, or by the woman, who retains the right of talaq (divorce) by the decision of a judge or arbitrator.

The Wisdom Behind Talaq:

The continuation of a marriage in peace and happiness depends first and foremost on the spouses loving and respecting each other. Almost every marriage is established with this in mind. However, it cannot be said that all of them achieve this goal. If those who marry with such good and sincere feelings cannot be happy afterwards and if it is not possible for them to be happy, there is no point in enduring this joint life for the rest of their lives. In that case, they should end the marriage and get rid of the distress.

When we consider man with his material and spiritual characteristics, we see that he is not perfect in every aspect. Therefore, one of the parties may have made a mistake during the establishment or continuation of the marriage. Those mistakes may be irreparable. It is not appropriate for the parties to suffer for a lifetime. In that case, the solution is to end the marriage that has become unbearable and to allow for another marriage in which the parties may be happy.

The Decree on Talaq:

Islam is a realistic religion. That is, its decrees are based on the realities inherent in human nature. God Almighty, who knows man best, is aware of them and has allowed marriages that have become unbearable to be terminated:

“A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness.” (al-Baqara, 2/229)

“O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods.” (at-Talaq, 65/1)

The Prophet (pbuh) states the following:

“In the eye of Allah, the most abominable halal deed is divorce.”  (Abu Dawud, Talaq, 3)

As it can be understood from those verses, divorce is permissible. However, it is a remedy that should be resorted to in cases of necessity and obligation. Although that is the general decree on talaq, this decree depends. For example, bid’i (unlawful) divorces are haram. It is makruh to legitimately divorce a woman who has no fault; it is mandub to divorce a woman who is not pious and chaste; it is fard to divorce a woman in case of incompatibility when arbitrators regard it necessary; and it is permissible to divorce an unloved wife.

Authority to Divorce:

a. In principle, the right to divorce belongs to the man. He is considered more worthy of it in terms of the responsibility and burden he bears in marriage life. However, the man must fulfill certain conditions for the divorce to be valid. They are to be sane and to have reached the age of puberty. There is a disagreement among the scholars as to whether a forced person, a drunkard, and a furious person have the authority to divorce, that is, whether their talaqs are valid or not. According to Hanafis, their talaqs are valid.

b. If it is stipulated in the marriage contract, the right to divorce can be transferred to the woman or to a third party. The transfer of the right of talaq is called tafwiz, and the woman to whom the right of divorce is transferred is called mufawwaza. In that case, the woman can use her right of divorce whenever she wishes. If the man wishes, he can also transfer the right of divorce to her after the marriage.

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