Kaduna-based Islamic scholar, Sheikh Ahmad Gumi, has called on Islamic Judges and clerics to ensure that women suffering from domestic abuse were granted the right to divorce their husbands without being compelled to pay any form of compensation.
Gumi made the call during his weekly Tafsir session held at the Sultan Bello Mosque in Kaduna, where he addressed the topic, ‘How Wives in Islam Can Also Divorce Their Cruel Husbands Without Compensation’.
The cleric, drawing references from Al-Mukhtasar Al-Khalil, a key Maliki jurisprudence text, said Islam does not condone oppression in marriage, and that both men and women were granted the right to end a union when mutual respect and compassion are lost.
He said societal and judicial double standards often make it easy for men to dissolve marriages while placing unfair hurdles before women who seek divorce on grounds of abuse, neglect or humiliation.
Gumi said “a husband can simply utter the words and end a marriage, but when a woman seeks freedom from an abusive man, she is made to suffer further by being told to pay compensation.
“That is injustice, and Islam stands firmly against oppression.”
Gumi cited verses from the Holy Qur’an (Q4:35, Q4:19, and Q4:130), emphasising that Allah allows separation when harmony between spouses is no longer possible and that both parties should be treated justly.
He condemned the rising cases of domestic violence and criticised some husbands who subject their wives to physical and emotional torture while refusing to release them from unhappy marriages unless they pay through khul’ (compensatory divorce).
The cleric added, “When a husband insults, humiliates or beats his wife, he forfeits the right to demand compensation.
“It becomes the duty of the judge to dissolve such a marriage immediately. No woman should be trapped in misery.”
Gumi further urged Islamic judges (Qadis) to exercise courage and fairness in their rulings to protect women from unjust treatment, stressing that an abused wife should not be made to buy her freedom from a tormentor.
He added, “The justice system must stand for what is right.
“When a woman brings forward her case, the judge should be her knight in shining armour, freeing her from an oppressive husband without delay.”
He said Allah, in His wisdom, promises to enrich both parties after separation, citing Qur’an 4:130: “And if they separate, Allah will render them both free from want out of His ampleness.”
Gumi, who spoke in Hausa, emphasised that a healthy marriage in Islam was built on kindness, mercy and mutual respect and where these are absent, either partner has the divine right to walk away in dignity.
