a remedy when marriage fails to fulfil its object.

Wife’s right of divorce

It will have been seen that the Holy Qur’ān places the two parties on a perfect level of equality in the matter of divorce. Ḥadīth makes it clearer still. The Holy Prophet is related to have married a woman called Umaima or Ibnat al-Jaun, and when he went near her, she said that she sought refuge in God from him, that is to say, wanted a divorce; and he granted her a divorce, and sent her off with some presents (Bu. 68:3). Another case is that of Tḥābit ibn Qais whose wife is reported to have come to the Holy Prophet and said: “O Messenger of Allāh! I do not find fault in Tḥābit ibn Qais regarding his morals or faith but I cannot pull on with him.”45 The Holy Prophet said: “Wilt thou return to him his orchard (which he had settled upon her as a dowry)?” On receiving a reply in the affirmative, the Holy Prophet sent for Tḥābit and ordered him to take back his orchard and divorce his wife (Bu. 68:11). These two examples are sufficient to show that the wife had the right to claim divorce on those very grounds on which the husband could divorce his wife.

The right of the wife to claim a divorce is not only recognized by the Holy Qur’ān and Ḥadīth but also in Jurisprudence (fiqh). The technical term for the wife’s right to divorce by returning her dowry is called khul‘, and it is based on the ḥadīth already quoted, and on the following verse of the Holy Qur’ān: “Divorce may be pronounced twice; then keep them in good fellowship or let them go with kindness. And it is not lawful for you to take any part of what you have given them, unless both fear that they cannot keep within the limits of Allāh. Then if you fear that they cannot keep within the limits of Allāh, there is no blame on them for what she gives up to become free thereby” (2:229). By keeping “within the limits of Allāh” here is clearly meant the fulfilment of the object of marriage or performance of the duties imposed by conjugal relationship. The dowry is thus a check on the party who wants the divorce; if the husband wants to divorce the wife, the wife shall have the dowry; if the wife wants the divorce, the husband