It is clearly known to us that Talaq is the most disliked of permissible acts. Abdullah Ibn ‘Umar (RA) reported that the Messenger of Allah (SAW) said, “The lawful thing which God hates most is divorce.” (Abu Dawood: 2178). Talaq can only be issued as a last resort when all the attempts to continue the marital relationship fail. Under Islamic Shariyah, since both husband and wife enjoy the physical pleasures of marriage, but only husband pays the Mahr (bridal gift) and provides all financial support, including food, clothing and housing to his wife, the right to Talaq is assigned exclusively to the husband. A wife cannot unilaterally pronounce it.
However, if she wishes to dissolve the marriage, she can do so through Khula by returning her dower (Mahr) or offering financial compensation to free herself. The husband pays the Mahr for lifelong commitment, and the wife accepts it, intending to remain in this blessed relationship for life. Therefore, if the husband suddenly decides to end the relationship, he cannot take back any of the Mahr. On the other hand, if the husband wants to stay married and he fulfills all his duties but the wife still wants to leave the marriage simply (without any valid reason allowed by Shriayah), she must return a part or all of the Mahr (based on a mutual agreement) because the husband originally paid the Mahr for a lifelong relationship.

Allah (SWT) says, “Divorce is twice. Then either keep in an acceptable manner or release with good treatment. And it is not lawful for you (husband) to take back anything of what you have given them (as Mahr) unless both fear that they will not be able to keep the limits of Allah. So, if you fear they will not be able to keep within the limits of Allah, there is no blame if the wife compensates the husband to obtain divorce. These are the limits set by Allah, so do not transgress them. And whoever transgresses the limits of Allah, they are the wrongdoers.” (Surah Baqarah: 229).
This verse balances the scale of marital rights. If the husband ends a marriage, he loses the money he paid to the wife as Mahr; and if the wife wants to end the marriage without a fault on the husband’s part, she must return the money to restore financial fairness. The famous story of Jamilah, the wife of Thabit Ibn Qais, was the very first real-life application of this verse. Abdullah Ibn Abbas (RA) narrated, “The wife of Thabit bin Qais (RA) came to the Prophet (SAW) and said, ‘O Messenger of Allah, I do not find any fault with Thabit bin Qais regarding his attitude or religious commitment, but I hate Kufr after becoming Muslim.’ The Messenger of Allah (SAW) replied, ‘Will you give him back his garden (that Thabit bin Qais had given to his wife as her Mahr when they got married)?” She agreed. The Messenger of Allah said (to Thabith Ibn Qais), ‘Take back the garden and divorce her once.’” (Sunan Nasayee: 3463). In this hadith, the phrase “I hate Kufr after becoming Muslim” does not mean that Jamilah wanted to stop believing in Allah. Rather, she feared she would be unable to treat her husband with the love, respect and obedience required of a Muslim wife. Because she was not physically attracted to him, she realised that if she stayed with Thabit, her extreme dislike would cause her to mistreat him, disobey him and act in a way that violated her Islamic duties. Consequently, she went to the Prophet (SAW) and requested a divorce.
Another Shariyah-approved method of marriage dissolution by the wife is Talaq-e-Tafweej, where the divorce happens by choice of the wife but is legally attributed to the husband. A wife exercises the conditional permission granted by her husband to pronounce divorce upon herself on behalf of the husband. Neither Islamic law nor Bangladesh civil law obligates the husband to give this permission; it is entirely his choice. In Bangladesh, this right must be explicitly granted in Column 18 of the official Nikahnama (marriage contract). If the husband does not authorise this column during the wedding, the wife has no opportunity to use this delegated divorce. In such situations, her only remaining alternative for an immediate, non-judicial separation is Khula, which requires the husband’s mutual consent and usually obligates to return her Mahr.
Furthermore, if the husband grants the right of Talaq-e-Tafweej on specific conditions, the wife cannot execute the Talaq unless those conditions are fully met. If she applies the Talaq upon herself before those agreed conditions are fulfilled, the Talaq will not be legally valid. According to the Dissolution of Muslim Marriages Act, 1939, if the husband becomes insane for a period of two years, neglects to provide financial maintenance for two years, his whereabouts remain unknown for four years, or fails to perform his marital obligations for three years, the wife shall have the delegated authority to execute Talaq-e-Tafweej upon herself on behalf of her husband.
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The writer is the Khatib of Baitush Shafiq Mosque and principal of Baitul Hikmah Academy Gazipur