May A Woman Request To Get Divorced If Her Husband Fails To Meet The Requirements Of A Marriage?

May a woman request to get divorced if her husband fails to meet the requirements of a marriage?

Islam religion attaches great importance to conjugal union and its protection. However, although divorce is a solution if the marital conflict between spouses escalates further and the marriage becomes unbearable, one must consider it as the last resort.The Holy Qur’an advises spouses to make self-sacrifice for the continuation of the marriage before getting divorced, and to settle their disputes through dialogue. It is also stated in the Holy Qur’an that in the event that the dispute between spouses escalates, such dispute should be settled by means of arbitrators assigned by the families of the both parties (Nisa, 4/34-35). However, if there is nothing left to do to reach a settlement and the matrimonial cohabitation becomes impossible to be maintained, divorce is considered as the most reasonable course of action.

A married woman may file a lawsuit for a divorce if her husband fails to fulfil his responsibilities and duties arising from their marriage or in case of mistreatment. If the judge annuls the marriage after hearing the parties, this decision of the court results in a bain talaq according to the decretal.

Source: Presidency Of Religious Affairs The Turkey, High Board of Religious Affairs FATWA