BREAKING NEWS: ILHAN OMAR AMBUSHED BY RIGHT-WING anti-Islam activists, Ilhan shook, forgot English

[Steamdevolopment]

No it does not. You conveniently remove the fact that a woman has a mehr, of which the amount she can set. This can be any amount. If a woman could just divorce her husband without going to court, this could mean abuse of this privilege, with large amounts of woman taking the money and never paying it back. And even then, as you say, she can write it in her contract and still give herself the ability to get a nice mehr, then divorce her husband and dodge or delay repayment of the mehr.

Rather, legally, there are many legitimate reasons the woman can go to court for to file a divorce against her husband. This has to be done, because the man does not gain any financial benefits from marriage, whereas the woman does.

Consent
Excuse me, but her needing consent/permission directly means that her right is inhibited. As below are described the different forms of divorce.
Khul:
The mehr divorce or as it is known Khul hinges on the man consenting and accepting back a payment that does not exceed the Mehr given, thus still requiring male consent.
Faksh:
Nikah-e-Fask simply replaces male consent with judicial nullification under specific circumstances such as low mehr, excessive cruelty (remember beating is halal) or serious discord, and all are such subjective terms that the right differs greatly among Sharia councils and the last ground is still debatable as even valid.
Isma/Tafwid:
The problem with Isma or Tafwid divorce divorce is firstly the lack of precedent of its use in common muslim understanding, meaning that if the future wife has no prior understanding that she can get this stipulations and therefore doesn't get this, and secondly that this right is a delegation of male talaq power, and therefore it also requires male consent.

Reasoning behind:
The question isn't really if she go to court but wether she need prior approval to have this right to divorce on her own, and after an examination of the different types of divorce in all cases it either requires male consent at one point or judicial action under specific circumstances, and because most if not all are males that indirectly also means that she has to get male consent at the court.

In essence Islamic divorce law is male oriented and women can at best hope for delegated powers or a male judge who'd agree to nullify the marriage under specific circumstances, and that truly inhibits muslim women.

 

[jamal9]

that annoying loud white needs to be ass whooped.