In Islamic law, the right to divorce is recognized as a legitimate right for the husband, but under certain circumstances, this right may In Islamic jurisprudence, the right to divorce is primarily a legal right granted to the husband. However, under specific circumstances, this right may be relinquished, either voluntarily or involuntarily. The relinquishment of the right to divorce occurs in two main forms: voluntary relinquishment and compulsory relinquishment.



In voluntary relinquishment, the husband willingly forfeits his prerogative through legal instruments such as a unilateral declaration (including 'Ibra' - remission of the right - or forgiveness), granting an irrevocable power of attorney to the wife for divorce, or a stipulation within the marriage contract that transfers the right of divorce to the wife or a third party.



In contrast, compulsory relinquishment occurs outside the husband's will and by the direct decree of Islamic law. This situation arises when the continuation of marital life imposes hardship and unbearable difficulty upon the wife. Among the most significant instances are the husband's inability or failure to pay nafaqah (marital support), prolonged absence, long-term imprisonment, or suffering from incurable diseases that prevent him from fulfilling his marital duties. In such cases, the wife, by proving the existence of unbearable hardship to a religious judge, can petition the court to compel the husband to grant a divorce; alternatively, the judge may execute the divorce on the husband's behalf.



Consequently, although the right to divorce is initially vested with the husband, Islamic law, by providing various voluntary and compulsory mechanisms, has established the means to moderate this right and prevent the infringement of the wife's rights.