İslam Hukukunda Aile İçi Şiddete Maruz Kalan Kadının Boşanma Hakkı

Abstract

The institution of family is highly encouraged in Islam as the cornerstone of social structure, while divorce (talāq) is viewed as a necessary legal remedy only when a marriage becomes unsustainable. Although the primary authority for divorce is traditionally granted to the husband, Islamic law provides women with significant legal avenues for redress, such as li‘ān (mutual imprecation) and muhâlea (divorce by compensation). This study investigates a more critical dimension: whether a woman’s recourse to the court (qadā’) to demand a divorce due to maltreatment and domestic violence constitutes a legitimate legal right. Our research addresses this issue through a systematic four-pillar classification: physical maltreatment, psychological abuse, economic neglect, and sexual violations that infringe upon human dignity. The central inquiry focuses on the legal standing of a woman subjected to physical assault, verbal degradation, or systemic dehumanization when she seeks a judicial divorce (tafrīq). A key motivation for this work is to provide a scholarly rebuttal (raddiyyah) to contemporary, social media-driven disinformation that targets Islam’s perceived 'vulnerable spots.' Baseless claims suggesting that Islam approves of domestic violence or treats women as 'second-class citizens' or 'slaves' are refuted here through the vast jurisprudential heritage of the Salaf al-Salīhīn. This study marks the first time that various forms of violence and their corresponding legal rights -scattered across classical texts- have been compiled into a cohesive, systematic framework. By defending the correct interpretation of Surah al-Nisv, Verse 34, this research demonstrates that Islamic law regards women as primary legal subjects whose life and dignity are sacred. Jurisprudential rulings that recognize violence as a valid ground for judicial divorce are the most concrete manifestations of Islam’s vision of justice. Ultimately, this study proves with conclusive evidence that maintaining a marital union in an environment of oppression and violence is not a religious obligation, as Islam prioritizes the protection of human life and dignity above all.