Does a divorce take effect if the wife was granted the right to divorce herself (isma), and she divorced herself verbally, then the husband denied the divorce, claiming he had torn up the paper proving the wife's ownership of the right to divorce (isma)?
The husband’s empowerment of his wife to divorce herself is established by two just witnesses. If the husband denies this empowerment, it is not established except by clear proof, because divorce is not a financial transaction. If the empowerment is not established, then outwardly you remain his wife, but inwardly you are divorced if you correctly pronounced the divorce upon yourself.
There is disagreement regarding whether this empowerment remains with the wife after the session concludes. However, if the intention of empowerment was for the wife to stipulate, at the time of marriage, that the power to divorce be in her hands, then the marriage contract is valid but the condition is void according to some schools of thought. We advise referring the matter to a court or consulting with scholars.
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- Ftawy
- Original fatwa ID
- 115219
- Imported
- Translation status
- Source text, unreviewed
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