Woman’s Right to Divorce
We would like to emphasize that divorce is not always the best solution for the problems of marriage that one faces in his/her life. The spouses should avoid divorce and make it the final resort when it becomes impossible to live with each other and there is a great harm that may happen if they continue in their relationship. They may resort to the wise persons from both sides to help them both to overcome and solve your problems.
The Prophet (peace and blessings be upon him) said: “Among lawful things, divorce is most hated by Allah.” (Abu Dawud)
Having said this, a woman has the right to terminate her marriage according to her pre-marriage agreement by saying for example “I divorce myself from you” or any expression that means that she terminate her marital relationship with her husband. The Prophet (peace and blessings be upon him) said “The Muslims are bound by their conditions.” (Abu Dawud)
In his response to this issue, Sheikh Ahmad Kutty, an Islamic scholar states that ‘It is best in this case of marital problem for a woman to have recourse to arbitration first before she makes up her mind. she should allow a third party consisting of a person from the husband side and another from her side hear disputes and suggest a solution: She should make sure that they are upright and God-conscious, as well as just, and objective.
If it does not work, then based on the conditions inserted in the marriage contract she had made with him, she has the right to get divorce from him if he does not abide by the terms of the contract: She can also do so by stating that she divorce herself from him as per the terms of the contract he had agreed to, and get it endorsed by the Imam and the two witnesses. She should also make it legal, according to the laws of the land.