Muslim women across the world, whether in the East or the West, face an incredibly difficult challenge in having their right to khul' even acknowledged, let alone respected. Woman after woman has been turned back by imams and shaykhs who 'mean well' and 'don't want to break up families' and are told, "sister, be patient; sister, your reward is with Allah; sister, don't be hasty."
Few of those women know that the Shari'ah has given them provision to escape such a tormented existence; of those who do know, many of them are told by the men in authority, those of 'knowledge,' that they - as women - do not understand that "marriage is serious," "a family is serious," and that "you cannot just interpret Islamic law as you wish."
And then we wonder why women run away from home, we wonder why Muslim women seek divorce through secular courts instead of through Islamic provisions, we wonder why so many women find solace in the progressive Muslim movement, where such statements are not tolerated.
I'm not going to claim that all such leaders or imams are misogynstic or hateful of women at heart.
What I am saying is that the majority of them will simply never know or understand the emotional, psychological, and physical torture that women endure in their marriages.
What I am saying is that a lack of pro-active female scholarship, and a lack of direct influence from those women, is part of the problem that the mantra of "have patience, sister" remains the go-to advice for women who show up at the Imam's office bruised and battered, both outwardly and inwardly.
What I am saying is that just as men tell us women that we can never understand the fitnah of women, so too can they never understand the fitnah of being a woman, of being marginalized, of being silenced; of being told that we will never truly understand Islam, that we are incapable of understanding our own God-given rights, that unless we obey the status quo, no matter how many degrees or ijaazas we have, we will never be knowledgeable enough to be taken seriously, to be given our rights unless there is a man standing in front of us and speaking for us and who is willing to fight for us every step of the way.
This Ummah has failed its women. This Ummah, and its leaders, its students of knowledge, its scholars - many of whom are men - has failed its women. This Ummah prefers to treat the incident of Thabit ibn Qays and his wife as an aberration or an isolated incident, rather than evidence for a woman to leave a marriage she cannot tolerate. This Ummah prefers that its women are tortured and die at the hands of those who have been enjoined with Qawwamah, those who have been entrusted with a serious Amaanah, those whom we should be able to trust wholeheartedly, not live in terror of.
O Allah, You are the One Who hears the du'a of the oppressed.
O Allah, You are the One Who tests those Whom You love.
O Allah, You are the One Who is All-Knowing, All-Wise, Most Just.
O Allah, grant this Ummah, men and women, Taqwa that we may not abuse the authority You have entrusted with.
O Allah, grant this Ummah, men and women, the courage to speak and stand and fight for the truth.
O Allah, grant this Ummah, men and women, the ability to fight against oppression and injustice and to spread justice in the land.
O Allah, grant this Ummah, men and women, the ability to implement your Divine Laws in the most beautiful and perfect of ways, that no man, woman, or child suffer oppression in Your Name.
Rabbanaa, taqabbal du'a.