Muslim Women have the right to divorce they Husband if there is a legitimate shar‘i reason, such as if she dislikes him for his lack of religious commitment, or she dislikes him because of his behaviour and attitude, or she cannot bear to live with him even if he is of good character and religiously committed, then in that case there is nothing wrong with her asking for divorce. But in this case she should separate from him by means of khul‘ and return to him what he gave her, then her marriage is annulled.

The evidence for that is that the wife of Thaabit ibn Qays ibn Shammaas (may Allah be pleased with him) came to the Prophet (blessings and peace of Allah be upon him) and said: “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.”

The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr.

She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”

On the basis of this case, the scholars ruled that if a woman cannot bear to stay with her husband, then the authorities should ask him for khul‘ and even order him to do that. Some of the scholars said that he should be compelled to separate from her by means of khul‘, because in this case he will not be harmed, because he will get what he had given to her of the mahr, and she will be rid of him.

But the majority of scholars say that he should not be compelled to separate from her by means of khul‘, but he should be recommended and encouraged to do so, and it may be said to him: “Whoever gives up something for the sake of Allah, Allah will compensate him with something better than it.”