The competence of the wife in dissolving the marriage from the perspective of the jurisprudence of the four religions and the Afghanistan legal system

Divorce is a right of men in Islamic jurisprudence and consequently in the civil law of Afghanistan.This one-sided assignment has been challenged in the present age; hence the necessity of addressing this phenomenon in order to explain its principles, limits and limitations, and to state the methods prescribed for women in dissolving marriage is clear and obvious. In this regard, the issue of the present study entitled the competence of the wife in dissolving the marriage from the perspective of the jurisprudence of the four religions and the legal system of Afghanistan with a descriptive and analytical method using a library method in two areas has studied the above issue: The principles and method of reasoning and arguments of the jurists of the religions are examined in establishing the basic rule that the right to divorce is exclusive to men, and then issues such as dismissal, delegation of divorce and judicial separation, which is a departure from the basic principle, are discussed. The result of this study has shown that in addition to the prevailing opinion in Islamic jurisprudence that has placed divorce within the competence of men, there are also sharp views in this regard by some researchers in the field of religion. They believe that the right to divorce in the one-sided assignment cannot be placed within the competence of men based on verses and hadiths; because none of the verses and hadiths regarding divorce indicate the restriction of the right to divorce within the scope of men’s authority. In addition, the opportunities given to women to break the marriage bond are not very clear in nature and cannot be considered valid for women in return for their husband’s unconditional right to divorce.