"In glaring contrast to the gloss which modern apologists try to put on the matter, Islamic jurists have faithfully followed the view of women embedded in the Quran and Hadis. They have enforced the true position: that the husband has absolute power in the matter of divorce; that he need assign no reason for throwing his wife out; that he owes the wife no maintenance beyond providing her the barest minimum in the three months following his pronouncement of talaq; and that the wife has no corresponding power. The apologists make much of the fact that in certain circumstances under Islamic law the wife can divorce herself—this, they say, is a unique facility which Islamic law alone gives to the wife. But they glide over two facts about the matter: the wife acquires this power only if the husband delegates it to her; and, the moment the wife exercises this power, that is the moment she dissolves the marriage by divorcing herself she loses even the meagre rights she would otherwise have had upon the dissolution of the marriage. Far from being a facility for the wife, the practice becomes a facility for the husband: by driving the wife to divorce herself, the husband is not only able to rid himself of her, he is able to rid himself of anything that might otherwise have been her due. The total inequality of the relationship is brought home by the hundreds of pages which the law books and the volumes of fatwas devote to what is called ‘Conditional Divorce’. In this form the husband makes the divorce contingent upon some act or event: the moment that act or event transpires, the wife is out."
Divorce in Islam

January 1, 1970

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