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women and islamic law 291and request half of their husbands’ possessions—and not only theremainder of their bridal gift—as compensation paid to them asdivorced women (because of their status as co-partners). We believethat current divorce practices are intolerable. Ironically, our Imamsand preachers keep enthusiastically praising the role of women inIslam, presenting them as equal partners of men and as enjoying thesame rights as men both in public life and at home. But as soon asdivorce procedures are mentioned all such talk of equality suddenlystops, women are no longer equal partners, and it is soon forgottenthat they own half the men’s property. What is granted to a divorcedwoman, if she gets anything at all, is just what remains of her dowry, 43even if it is sometimes no more than a ring made of nickel. For awoman to demand a divorce is still seen as an affront, a deviation,a crime that must not be rewarded by any form of financial support.Hence, divorced women very often end up with nothing at all. 44 We43MS refers here to the so-called deferred dowry, al-mu"akhkhar, which is heldback by the husband until a divorce arises. After a divorce has taken place the husbandwould (at least theoretically) pay the amount of dowry that was agreed upon atthe time of the marriage contract. If the marriage has not been consummated, thewife would still be entitled to half of the agreed mahr. If the mahr was not stipulated atthe time of the contract, the wife would be entitled to mahr mithlÊ, i.e., a dowry typicallygiven for a woman of the same status and class if the marriage was consummated,if not, she would be entitled to mut#as or gifts (see al-MåßilÊ, al-Ikhtiy§r li’l-ta#lÊlal-mukht§r, vol. 3, 127–30). According to MS, these regulations reveal the structuralproblem of the current fiqh law of divorce, because the financial compensation forwomen is fixed solely on the payment of the dowry which is—given the actual wealth(money and property) that husband and wife shared during their marriage—a ratherpitiful share.44According to \anafÊ law, the right of divorce has been granted to men only. Ifa woman wants a divorce but her husband refuses to initiate the legal steps, she canopt for khul# by which her husband agrees to release her in return for financial compensationfrom his wife’s family. This arrangement is called ãal§q b§"in or irrevocabledivorce (see al-MåßilÊ, al-Ikhtiy§r li’l-ta#lÊl al-mukht§r, vol. 3, 127–32). If, however, itturns out that it was the husband’s faults that led his wife to opt for khul#, then thehusband would not be allowed to ask for any financial compensation in return (seeAbå Bakr b. Mas#åd al-K§s§nÊ, Bad§"i# al-ßan§"i# fÊ tartÊb al-shar§"i# (Cairo: Maãba#atal-Jam§liyya, n.d.), vol. 3, 149–50). A different way for a woman to seek divorce isthrough faskh, i.e. an official annulment of marriage by a court on the grounds thather husband is either impotent or insane, or that he has neglected his duty to maintainher and his family. If these conditions have been stipulated in the marriagecontract, their breach will be considered as sufficient reason for a divorce. Thewoman would then be entitled to get the dowry that was fixed at the time of thecontract, if the marriage has been consummated (see MuÈammad b. MuÈammadAmÊn Ibn #$bidÊn, \§shiyyat radd al-Mukht§r (Beirut: D§r al-IÈy§" al-Tur§th al-#ArabÊ,n.d.), vol. 13, 130–34). Again, MS criticises the fiqh rules as highly inadequate sinceit is seen as the norm that the husband initiates a divorce, while khul# and faskh are