On one hand, the government is making all efforts for women empowerment, while on the other hand, women in the Muslim community have also been given powers. Reasons behind these have also been given. If Muslim women wish to leave their husbands of their own free will, they can leave their husbands after argument. After this she can also take help of law. It can be clearly estimated that in Islam, women have been given more powers as per Shariat.

Some arguments have been given by the Mufti of Uttar Pradesh, in which it has been said that in Islam, women are completely allowed to leave their husbands of their own free will. Many conditions have been stated behind this. UP Chief Mufti and senior advocate Maulana Efrahim Hussain, resident of Aligarhi, has given arguments with information.

Can a wife break the marriage without her husband’s consent?

Maulana Ifrahim Hussain was asked whether a wife is allowed to dissolve the marriage without the husband’s consent? On this he said that Nikah is a sacred contract in Islam. If the wife is subjected to oppression, is not paid for, or becomes impossible to live with, then she has the right to separate. “Opening” happens with mutual consent. If the husband is not willing and the reason is solid, then “Faskh-e-Nikah” can be conducted through a Shariat Qazi or court. But behind the answer to this question, the wife i.e. the wife has been given more place in the Shariat.

On what conditions can a wife break her marriage with her husband?

The second question is under what conditions does the wife have the right to divorce her husband? In response to this he said that there could be physical or mental torture, lack of livelihood/living arrangements, serious illness or betrayal, non-payment of marital rights. In this situation, both Shariat and Indian law are available. In India, a woman can also go to court under the Dissolution of Muslim Marriages Act, 1939.

What can a wife do if she doesn’t like the groom?

Third question: If the wife does not like the groom and does not have the heart to live with him? Chief Mufti replied that if there is no coordination after Nikah and the wife is unable to support her wholeheartedly, then she can apply for “Khula”. Generally, separation takes place with mutual consent by returning dowry or some rights. If there is no agreement, then justice can be taken through Qazi/Family Court. He said that women are not left helpless in Islam. Reconciliation should be tried first, but when it becomes impossible to maintain the relationship, then there is a right to separate respectfully and legally.