When marriage becomes source of distress, Islam grants women rights to seek divorce

SHAH ALAM - In Islam, when a marriage becomes a source of hardship or distress, a wife has the right to apply for divorce.

Senior Quran editor at Karya Bestari Mohamad Amiro Safwan Mohd Kamil said Islam protects a woman's well-being and dignity in such situations.

He said a wife may apply for divorce if she faces distress due to being denied basic rights and this included being deprived of financial support, clothing, shelter, or transportation.

It also covers situations where the husband neglects his duties to his wife and children or engages in harmful behaviours, such as physical abuse, emotional manipulation, or verbal insults, Amiro added.

"Divorce, while often viewed negatively, can be a necessary step when a marriage becomes harmful or dysfunctional.

"When a wife files for divorce, the process typically begins with a referral to a Conciliation Committee, which offers counselling and explores solutions to help the couple reconcile.

"However, there are instances where reconciliation efforts fail, especially if the husband promises to change but the situation only worsens or repeats.

"In such cases, the wife has the right to proceed with the divorce," he said.

Amiro highlighted that if a husband refused to pronounce the talak (divorce), the wife can appoint a lawyer to advocate for her rights and pursue justice.

He added that for the divorce application to be successful, the wife must present sufficient evidence to substantiate her claims.

"This could include visible injuries resulting from physical abuse, documented medical reports, evidence of neglected children or a household in disarray.

"Islam places importance on proof, as Allah SWT says, "then bring your proof, if you are honest." If the evidence is valid, the court will summon the husband for a hearing," he added.

However, Amiro said challenges can still emerge even in justified divorce cases, as some husbands may resist complying with the court's decision for personal or financial reasons.

For instance, if the wife’s name was tied to the husband’s business, home or car, he might fear losing these assets and manipulate the situation by refusing to pronounce the talak.

Amiro stressed the need to address societal attitudes toward divorce, as many tend to dismiss its importance with remarks like, "There is no need for divorce, do not destroy the family."

"However, the reality of a marriage is known only to the husband and wife. They are the ones who endure the difficulties and know when patience has reached its limit.

"Society must stop oversimplifying divorce and dismissing its importance. Instead, we should focus on understanding the reality of these marriages and the struggles endured by those involved.

"Sometimes, divorce is not a failure but a new beginning. When all avenues have been exhausted and the marriage remains harmful, separation may pave the way for a brighter, healthier future, InsyaAllah," he said.