چکیده:
In Arabic, the term "talaq" (divorce) means to let go, and it was used by Arabs before Islam to refer to separation from one's wife. Islamic law recognizes various forms of divorce, and divorce is generally considered to be a man's prerogative. However, this emphasis in Islamic jurisprudence and civil laws has raised human rights concerns, challenging the gender-biased nature of Islamic principles. This research aims to re-examine the Quranic verses related to the right to divorce. This article seeks to address the extent to which the Quranic foundations of the right to divorce can be invoked and whether the notion that divorce is a man's prerogative and that it is he man who must decide on divorce has any Quranic basis.Based on the findings of this research, conducted through a comparative analysis of marriage and divorce verses, it was found that the verses related to the necessity of women's consent in marriage, the injunction to love and mercy between spouses, women's rights in marriage and divorce, the need for agreement and consent of both parties in the contract, and the right of enslaved and free women to consensual marriage and divorce indicate that the concept of men's right and prerogative to divorce needs to be re-examined and its Quranic documentation critically studied. In other words, it cannot be accepted that based on the Quranic verses, marriage, whose main pillar is the consent of both parties and is intended for mutual understanding and affection, should be solely in the hands of one of the spouses at the time of separation
خلاصه ماشینی:
Based on the findings of this research, which was conducted through a comparative study of the verses of marriage and divorce, it was found that the verses related to the necessity of the woman's consent in marriage, the command for affection and mercy between spouses, the options of the woman in marriage and divorce, the necessity of agreement and mutual consent of both parties in the contract, and the choice of slave women and free women in the matter of marriage and consensual divorce, show that the concept of the right and choice of divorce belonging to men must be rethought and its Quranic documents must be studied using critical methods.
واذا طلقتم النساء فبلغن اجلهن فلاتعضلوهن ان ينکحن ازواجهن اذا تراضوا بينهم بالمعروف ذلک يوعظ بـه مـن کان يومن بالله واليوم الاخر ذلکم ازکي لکم واطهر والله يعلم وانتم لاتعلمون » "O wives of the Prophet, if you desire the life of this world and its adornment, then come, I will provide for you and release you with good treatment" (Al-Ahzab: 28 and 29) "O you who have believed, when you marry believing women and then divorce them before you have touched them, there is no waiting period upon them for you to count.
Similarly, considering verse 24 of Surah An-Nisa, which makes marriage with women captured in wars lawful for Muslim men: "A woman captured in war whose husband has not released her, such that the meaning of divorce applies to her," yet in all interpretations, captivity for these women is taken to mean divorce, and Muslim men can marry them after the iddah period (their iddah is shorter, consisting of one menstrual cycle or one childbirth (Tafsir Nemuneh, Vol. 3, p.
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