Question:

In a Muslim marriage, can a wife have a divorce if her husband objects? And can she have the division of... ?

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property accordng to American law, not Muslim law?

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  1. In Islamic Law, the right of divorce is exclusively the husband's but there is a process which allows the wife to request for divorce if she is unhappy with the husband. In case the husband disappears or goes crazy or something like that, there is a process by which the wife is separated from the husband and is free to marry someone else. Another way a wife can initiate the divorce is by obtaining that right in the marriage contract. If the contract explicitly mentions that she has the right of divorce, she is free to get a divorce any time during the marriage.

    Muslims living in America are bound by American law so that has to be taken into consideration as well.  


  2. in the u/k, you can get a divorce just as any one else can with the same division of assets  

  3. of course she can, she has to present her case and get a divorce.

    about the second question, of course she can do it legally, if she is living in the US. But, to be cpliant with their religion, they will need to follow islamic rules.

    For exmaple, in most countries, a father can decide he won't give his kids any money if he died. In Islam, this is not allowed, he can only control 1/3 of the will the other two thirds are for the kids and wife. Also, (i think) that 1/3 should be distributed outside the inheritage circle, so this won't create jealousy and hatered among the kids.

  4. no, except by a judge in a court room

  5. yep i believe she can ....

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