Of course it is Sharia's fault! If it was really from God, it could bering a simle verse in his holy book! or at least for once address women when talking about divorce!
How can a woman get "Khula" (divorcement)? If a woman wants to divorce, it is necessary that her husband give her the right to divorce. If a married woman wants to divorce and her husband does not divorce her, the families can choose an arbitration committee and the divorce can be realized.
A woman is religiously the wife of the man whom she performed a marriage; therefore she cannot marry anybody else unless her husband divorces her.
The things that can be done in such a situation is to make the man divorce the woman or to divorce them through an arbitration committee.
In a situation like that, it is not right for the man not to insist on not divorcing the woman only in order to harm her. (al-Baqara, 2/231).
Therefore, in a situation like that, a respectable, wise, virtuous scholar should go and talk to the man as a mediator and tell him that he should end a marriage that does not benefit him at all, that the religious marriage cannot be used to satisfy oneself by harming the woman and that it is contrary to Islam; he should persuade the man to divorce the woman.
If the man insists on not divorcing, the families of the woman and man choose an arbiter each because they cannot apply to the court since there is not an official marriage. If one of the families does not agree to choose an arbiter, the other family can choose a just and impartial arbiter for them.
The arbiters try to arbitrate first. If there is a real necessity, they can decide to divorce the man and the woman even if the spouses do not consent.
After a divorce like that takes place and the waiting period for the woman ends, the woman can marry again.
In order to prevent such incidents from happening, it is necessary to perform official marriage contracts and have a legal assurance. The young people or their families who say that they are religious people may deny the contracts they have made among themselves when there is no official recording and one of the parties, usually the woman, faces a difficult situation.Thus, let alone realizing the high aim that our religion assumes out of the marriage, people try to oppress one another using the religion.
The Quran recommends that marriage contracts be in writing, even though oral contracts are valid..
"Contracts at the time of the Prophet (peace and blessings be upon him) could be done orally. To be in writing is what the Qur'an recommends: "O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing. Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (for evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, more suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah; for it is Allah that teaches you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him fear his Lord conceal not evidence; for whoever conceals it, his heart is tainted with sin. And Allah knoweth all that ye do." (Al-Baqarah: 282:83) A contract in writing is not necessary then, but guaranteeing the rights of people is necessary. Since marriage is a civil contract, it is similar to any deal or transaction.
http://www.islamonline.net/servlet/Sate ... TheScholar.
-- Fri Jan 07, 2011 1:07 pm --
2-Women can get divorced if they belong to some categories, men can get divorced anytime they want. DOUBLE STANDARD! ONE SIDED CONTRACT!
What a silly and ignorant claim Melika!..
You enjoy reducing a marriage contract down to some sort of menial toy to play with...
All becouse of your hatred of religion! and you cannot get over this can you?...
[4:35] If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, GOD will help them get together. GOD is Omniscient, Cognizant.
http://www.submission.org/women/divorce.html