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however. is that inmarriage, the man responsible for building up the --<br />

marital house, by saying so, we meant that the man caries out the whole<br />

financial burden in protecting and supporting this house, In view <strong>of</strong><br />

what we discurlslam noticed that the distraction <strong>of</strong> the contract<br />

by divorce will have more drastic effect on the man than the woman,<br />

Therefore. by giving the man the divorce responsiblity, -Islam<br />

considers his contribution. -Islam made it difficult for him to,<br />

practice this right without thinking <strong>of</strong> his loss beforehand. In the<br />

inevitable condition when the man divorces his wife. he knows that he<br />

is the only one who faces all-the losses. On the other hand, if<br />

Islam gave the right <strong>of</strong> divorce to the wife who did not, as we mentioned<br />

financially support the marriage. it would be easy for her to practise<br />

this right without losing much and it would be unfair for the man.<br />

However, this does not mean that the woman was completely deprived<br />

<strong>of</strong> the right to separate. Islam had given the woman the right to request<br />

divorce when she was harmed ( because <strong>of</strong> her marriage)* Such a divorce,<br />

%; 1<br />

where a woman-divorced her husband is called Khul.<br />

C<br />

Khul, then is the husband's separation from his wife in which he<br />

gets a financial compensation fromhis wife, The wife's objective<br />

in such a case is to get rid <strong>of</strong> her husband in such a way that he<br />

cannot come back to her without h6r consent. In other words, the wife<br />

seeks the separation by giving him (her husband) a part or the whole<br />

<strong>of</strong> the dowry which was given her by the husband or by <strong>of</strong>fering an agreed<br />

sum <strong>of</strong> money to him in return for his consent to-divorce her:<br />

"if ye (judges) do indeed fear that they would be<br />

unable to keep the limits ordained by God, there<br />

is no blame on either <strong>of</strong> them if she give<br />

something for her freedom. " 2<br />

In the tradition Ibn Abbas narrated that the wife <strong>of</strong> TIGabit bin Qay's<br />

came to the Prophet and said: "0 Allah's Apostle II do not blame<br />

Thabit for defects in his character or his religion, but 1, being a<br />

Muslim, dislike to behave in un-Islamic manner (if I remain with him. )"<br />

1, See Al-Jaiij, Vol. 4. op. cit., P. 406<br />

117

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