If a wife gives 'talaq' (divorce) in the family, does it count?

In marital life, a wife's pronouncement of talaq (divorce) does not take effect. This is because in Islam, the right to issue talaq is given to the husband [1]. Allah says in the Qur'an:

يَٰٓأَيُّهَا ٱلنَّبِيُّ إِذَا طَلَّقۡتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ

"O Prophet! When you divorce women, divorce them for their prescribed waiting period" [2].

The Prophet (peace and blessings be upon him) said: "Indeed, the right to issue talaq is in the hands of the husband" [3]. These Islamic evidences show that the authority to pronounce talaq belongs to the husband. Others cannot issue talaq. However, others may carry it out only if the husband delegates this right to a messenger, a representative, or even to his wife herself [4].

However, a wife can appeal to a judge and seek divorce on the following grounds:

• If her husband is impotent and unable to fulfill his marital duties;

• If he is insane or suffers from epilepsy;

• If he has leprosy, AIDS, or similar diseases;

• If he fails to provide financial support;

• If he abandons the home and leaves her;

• If he abuses her, for example, by beating her to the point of leaving marks;

• If the judge makes the couple pronounce mutual curses (li'an), such as when the husband accuses his wife of adultery or denies paternity, and the case is brought before a judge, the judge will have them pronounce curses and then separate them [5].

In such cases, the judge will intervene between the spouses and, after verifying the evidence, will make a ruling.

[1] Wahbah az-Zuhayli, "al-Fiqh al-Islami wa Adillatuhu", 7/349.

[2] Surah at-Talaq, verse 1.

[3] Nayl al-Awtar, 6/138.

[4] Al-Azhar University, Faculty of Sharia and Law, "al-Ahwal ash-Shakhsiyyah fi ash-Shari'ah al-Islamiyyah", 136-137. "al-Muhadhdhab", 2/81.

[5] Muhammad Abu Zahra, "al-Ahwal ash-Shakhsiyyah", 345-348. Ali Jum'ah, "al-Kalim at-Tayyib – Fatawa 'Asriyyah", 2/277.