Divorce in Islam can be initiated only by the will of man, and the judge's decision in this case is not necessary. The husband has the right to ask for a divorce, as he himself or through the authorized representative. He may also give this right to his wife. On the other hand, if there are a number of reasons a woman may appeal to the judge, demanding a divorce. Such reasons six:
1. Disease or good reason
A woman has the right to demand a divorce if the marriage agreement or at the time of marriage becomes aware of an illness or there is any good reason that makes marriage impossible. For example, mental disorders, sexually transmitted diseases, AIDS, other incurable diseases, other causes.
2. Financial insecurity
Husband provides wife expenditure on food, clothing and accommodation. If after marriage, man, being wealthy does not allocate adequate funds for his wife, holding her in hunger and poverty, she has the right to demand of him funds for maintenance. If this is not possible, then she has the right to demand a divorce. If a woman wants to divorce her husband only for the reason that he is poor, it will be an injustice.
3. The prolonged absence of the husband
f a man leaves his home, the woman may apply to the court for a divorce in order not to experience any difficulties and not become a target of gossip. After four years from the time the husband is missing, the judge may satisfy the requirement of the women and make a decision about divorce.
4. Taking husband into custody
Except for Maalikis, all jurists agree that the conclusion of a man in custody, serving his term of imprisonment or being in captivity, may not be a reason for divorce. As the verses and the hadith, confirming legitimacy of this, no.
5. Poor relationships
Mutual reproaches and accusations of spouses against each other, which leads to a cooling of feelings relations, may also cause a divorce. Spouses can hurt each other, both in word and action. Abuse, harassment, assault and coercion to do what Allah has forbidden, belong to the category of actions that should not be tolerated.
Moreover, it may come from both sides. Suffering party may at any time apply to the court by a judge to solve the problem by saving the marriage or terminating it.
Unfaithful of spouse can put an end to the joint family life. It is a grave sin, shameful act.
Divorce saves family from further decline. On the one hand, divorce is for spouses of salvation and grace. The ban is a divorce can lead to decrease in the number of marriages.
After all, man, knowing that he cannot divorce in the future, if the need arises, can never marry. He doesn't want to open the door into the unknown, knowing that he could never go back. Reducing the number of married people shall fall morals of society, undermines the institution of the family.
Author: Osman Ersan