In islam, can you show from the sahih hadiths an example where a women divorcing her husband was allowed?

Question

I've only seen examples from Sahih Bukhari of men divorcing their wives by proclaiming 3 times. I've seen 1 example of a women complaining to muhammad that her husband wasn't pious enough and wanted a divorce. Muhammad subsequently ordered the husband to divorce his wife. So in islam, the husband has to do the divorcing, by proclaiming 3 times. If the wife wants a divorce, she needs to get the sharia court to order the husband to divorce her. In either case, it is the man that proclaims the divorce. Is this correct?

4Ever-@-Muslimah: Yes, that is the one that I have read. The thing is that Muhammad ordered him to divorce her, he didn't tell the wife to divorce him.

So that is why today, the sharia courts have the authority to order the husband to divorce the wife. Remember, its husband divorce wife, not wife divorce husband. That's my point.

Suryadi: If what you said is true, ie the courts can proclaim the divorce without the husband, then the hadith that muslimah quoted is false. However, we know that the hadith is true, ie even if Muhammad allowed the divorce, he still instructed the husband to divorce the wife. He didn't just proclaim that they were divorced.

Fatemeh: I sincerely believe you are wrong. There is nothing is Sahih Bukhari that contradicts the Quran, as far as I know. If you make statements like that, please show the evidence.

tennisaurus: I'm surprise you would make such a statement. The Quran cannot be read in its proper context without the hadiths. Have you read the Quran? If you have read the Quran, you would know that it lacks context to intepret its meaning and scholars rely on information contained in the hadiths to extract its proper meaning.

tennisaurus: Wonderful, you've just disproven islam. The Quran indeed lacks alot of things. Some examples would be instructions on how to fast during the holy month. Instructions on how to pray during the haj, etc. So, indeed, thoses verses from the Quran have to be false.

Answer 1

yep

Answer 2

I don't want to sound cruel or anything but if your husband does not convert than you cannot stay married to him. A muslim woman cannot be married to a non-muslim man, there are no exceptions to this. To stay in the marriage would make your marriage invalid. That means anytime you are not properly dressed or your husband touches you or "sleeps" with you, then you are commiting a sin because Islam does not consider you to be married to him. Hhmm, further reading on my part...ok, if you are getting a divorce that is fine then. At this point do not consider your moving out to be a bad thing, but to be a good thing. Thing of it as a new life for you! You can raise your children and the unborn child into Islam without opposition (since your family doesn't seem to have a problem with that.) Also, living with your family can be a great thing. They can help you take care of your kids and they will be a huge part of their life! I know things will be difficult for you but they will get better inshallah. For that matter, it is better to be around people who support you and love you. (Oh, and think about the afterlife. Life is hard now but things of the rewards after, if you get into heaven. Then, think of where your mother-in-law will be going. So, don't feel bad. You are following Allah and have foudn him, your mother-in-law isn't. She will be in trouble on judgement day.) Life is only temporary, and life is one huge test. Your job is to pass that test. Don't let your mother-in-law ruin your results! Also, after you divorced your husband (and you need to), then pray to Allah to provide you with another more suitable and loving husband. Just because you have kids doesn't mean you will stay single forever. I really wish you all the best sister and I am extremely glad that your family is accepting of your conversion! Try not to look at the bad side but the good! This may be what is best for you, even if you don't think so. (and I do think it is a good thing for you) As for you job, perhaps you can take a short leave of absence. Try to hang in there!!!! Things will get better. Edit: don't be too sure about not falling in love twice. You may not think it is possible but it happens! You may even be able to love a different guy much more than your current husband~but choosing to never remarry you will never know.

Answer 3

If the wife wants a divorce the judge (qaadi) can order it so even if the husband doesn't want it.

gofish~ you are completely wrong. You are associating two things that have NOTHING to do with each other.

The four witnesses has to do with chastity not divorce and it is not required it be men. When you don't know something AT ALL you should zip it.

Answer 4

IN practice, this appears to correct,
Many things in Islam, as with all regilions are taught and not followed. Ths is especially true when it comes to the rights of women.

(By the way, it is Sunna Hadith)

As salaamu 'alaikym warahmatuallhi wabaraktu.

Answer 5

I believe in Mazhab Imam Shafii there are a few factors in which a wife can complain to the judge/Islamic authorities which if found true can be mitigating factors for a divorce. Among others, physical injury to the wife.

I trust the court can pronounce them divorced even without the husband proclaiming it.

Check with the local authorities for accurate answers.

Answer 6

The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.” (Narrated by al-Bukhaari, 5273).

Khula: Definition and How it is done: http://groups.yahoo.com/group/WELCOME-2-ISLAM/message/1126

Answer 7

Malik :: Book 29 : Hadith 29.5.19
Muslim :: Book 9 : Hadith 3478
Malik :: Book 29 : Hadith 29.28.80
Dawud :: Book 12 : Hadith 2191
Muslim :: Book 9 : Hadith 3489

there are many more hadiths which speak of it....

Answer 8

if you are muslim, you should know that the Qur'an itself prohibits muslims from following any hadith OTHER than the Qur'an.

why do people give thumbs down for answers that are facts??

that's the problem with you muslims. on one hand you accept that the qur'an is a complete book. then, you assume that it needs clarification from mullahs and scholars. the qur'an itself states that it is a COMPLETE book! make up your minds, ignoramuses.

here are some verses:

"We did not leave anything out of this book, then all will be gathered before their Lord (for judgment). Those who do not believe our verses are deaf and dumb; in total darkness. God sends astray whomever He wills, and directs whomever He wills in the right path." (6:3839)"

""The word of your Lord is COMPLETE in truth & justice." (6:115)"

""Shall I seek other than God as a source of law, when He revealed THIS BOOK FULLY DETAILED? (6:114)"

oh, and my favorites (confirm it yourself):

QURAN: ONLY SOURCE OF GUIDANCE (6:19)
WE LEFT NOTHING OUT OF THIS BOOK (QURAN) (6:38)
GOD CALLS QURAN: COMPLETE (6:115)
GOD CALLS QURAN: FULLY DETAILED (6:114)
GOD CALLS QURAN: PERFECT (6:38)

so, if you claim that the qur'an LACKS something, than the verses are wrong.

Answer 9

Look into some other book.
Sahih Bukhari has lots of flaws, it contradicts Quran many times.













EDIT:
Here is some proof. These are just a few.
Scroll down to "ABSURD REPORTS IN SAHIHAIN (THE TWO COLLECTIONS) OF BUKHARI AND MUSLIM"
http://www.al-islam.org/peshawar/3.3.html

ALSO, if you want, other parts of the book present faulty Ahadith of Bukhari and others.
http://www.al-islam.org/peshawar/toc.html

Answer 10

i heard the wife needs 4 witnesses - male of course who will testify that they saw him committing adultery.
What are the odds of this happening ?
Who would do this in front of 4 witnesses ?

Answer 11

i think you have to go to court and say that you don't want hem anymore and you have to give reasons.