Page 89 - Seekers Guide Book
P. 89
The Seeker’s Guide
11 Can a woman be a Qazi?
he position of a Qazi (jurist) is a matter of competence
Tand not of gender. Yes, a woman could become a Qazi;
it is not a taboo for women to become so. If a woman is
competent, she could perform the role of a jurist (Qazi).
12 In Islam, how can a woman
divorce a man?
slamic law on marriage and divorce provides for almost
Iall eventualities including a woman’s right to divorce
her husband. Islam has two provisions through which
a woman may give divorce, however, we must first
understand that marriage is the rule of life and divorce
is only an exception. But the latter must also be accepted
as a reality. Separation is strongly advised against in case
of minor provocations. It is meant only as a last resort,
when it has become truly unavoidable.
The first method of divorce for a woman is to present
her case before a religious scholar, or a body of religious
scholars. They give consideration to her circumstances in
the light of the Quran and the Hadith, and on reasonable
grounds for separation, they decide in her favour. This is
termed as khula.
The second method is called talaq-e-tafweez (or delegated
divorce) in which a husband may delegate to the wife the
authority to pronounce talaq or divorce. It works when
a prenuptial clause is inserted in the marriage document.
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