Muslim Woman

Nikah is an agreement, with full consent between a man and
a woman -fully matured and sane- for leading married life.
This aims at a happy family life. When possibility of
maintaining married life does not remain, both the parties
are permitted to cancel their nikah - marital tie; and a
relief from this bond is called talaq generally 
understand as divorce. In the matter of nikah only two
individuals-man and woman are involved, and therefore, it
is confined to these two individuals only. The matter of
talaq is not so confined to two individuals alone;
sometimes besides them, their children’s interest will be
affected, and thus it becomes a common matter of the
society. It is worthy of consideration that at the time of
formulation nikah deed consent of both the parties viz.
man and woman is necessary; when the same agreement is
being terminated, how could only one party namely the
husband is given all the rights to terminate the same
unilaterally, saying in one breath talaq-talaq-talaq, and
driving away the lady from home. At the same time, she is
helpless to face innumerable troubles to settle the
matters of divorce.

Rights and responsibilities of husband and wife are equal,
and the position of both the parties shall be similar in
the matter of talaq too. Guidance of the Quran in this
respect is that, If you fear a breach between the couple,
then appoint an arbiter from the man’s family and an
arbiter from the woman’s family. If the two husband and
wife desire to reach a settlement, Allah Almighty is
knowing, the Apprised of all.  Some of the Islamic
scholars say that this is An excellent plan for settling
family disputes, without too much publicity or mud-
throwing or resort to the chicaneries of the law. The
western countries recognize this plan in their legal
systems.

In the matter to talaq, irrespective of complaint put
forth either by the husband or the wife, it will be the
responsibility of the society to appoint a board of
arbitration. If the wife feels excesses or negligence from
the husband’s side, the better course will be that both
husband and wife should sort out their differences or
appoint a board of arbitration -Quran chapter 4 verse 128-
The wife can also take her case to the court that she
too has got full right for divorce as per the law. But the
efforts of the board will be to settle the matter between
the husband and the wife amicably. The Quran has used the
term talaq for husband and wife both; it has not used the
term khula, which has been coined later. It is said that,
husband has handed over the right of talaq to the wife,
but this is not correct. When the wife too has got the
same right of talaq as that owned by the husband, then
handing over the right of talaq to the wife by her husband
makes no sense.

If a settlement between husband and wife in the matter of
talaq could not be reached, then the institution or the
court, which has appointed the arbiters, will pronounce
the dissolution of the nikah or marriage. This is called
talaq. In the matter of talaq , the Quran has addressed
the Prophet Muhammad peace be upon him, who was a judge or
court -Quran chapter 65 verse 1-  This indicated that the
matter of talaq is not restricted to the two parties i.e.
husband and wife only, it has wider horizons. The Prophet
Muhammad peace be upon him, who was assigned by the
Almighty the role of court, was asked to inform the
concerned persons that the matter of iddat, waiting
period, during which a divorced woman or a widow cannot
marry and this carries a great significance, and this
should always be kept in mind -Quran chapter 65 verse 1- 
As the iddat is based on menstruation, to account for
iddat the talaq judgment should not come into effect until
the concerned woman has completed three menstrual cycles.
Those who do not menstruate due to physical disorder or
old age, should wait for three months -Quran chapter 65
verse 4- only those women whose marriage is not
consummated, have no waiting period -Quran chapter 33
verse 49-  If a woman is pregnant she must declare it, and
the waiting period for her is until the delivery -Quran
chapter 65 verse 4-  Iddat or waiting period for a widow
is four months and ten days -Quran chapter 2 verse 234-

On pronouncement of talaq by the court, iddat commences
for the woman; during this period she cannot marry as
stated earlier. She will remain there only where she was
living with her husband before the talaq, and the cost of
her maintenance will be borne by her ex-husband with a
provision to have the same standard of living she was
enjoying before the talaq -Quran chapter 65 verse 6-7. If
the woman is pregnant at the time of talaq, her
expenditure will be borne by her previous husband till the
delivery. After the delivery if she suckles baby, and if
the man cannot make any other arrangement for this, she
should be paid for the suckling, details for payment have
to be settled mutually and under the provisions of the
prevailing law. If this arrangement causes hardship to the
man, separate arrangement is made for suckling through
some other woman. While fixing the amount of expenditure
of the divorced woman during the waiting period or for
suckling, it has to be done as per the paying capacity of
the husband. If a person is financially depressed he
should pay whatever he can -Quran chapter 65 verse 6-7