Is the husband entitled to take back his wife if she divorces him after he has granted her the right to divorce herself, and does the right to divorce herself remain hers thereafter?
It is not permissible to stipulate that infallibility ( عصمة ) be in the hands of the woman in the marriage contract, and the contract becomes invalid by it according to the majority of scholars. If this condition was made and consummation did not occur, the marriage contract should be renewed without it. But if consummation did occur, the contract is valid and the condition is void.
It is permissible for the husband to place the divorce in the hands of his wife after the contract, and this has two forms: 1. Delegation (Tafweedh): If the husband delegates his wife with divorce after the contract by saying: "I have placed your affair in your hand" or "I have delegated you concerning divorce," then it is valid and becomes an authorization for her to issue the divorce. The matter remains in her hand unless she revokes the delegation or the husband revokes it verbally or by action, such as intercourse. 2. Giving a Choice (Takhyir): If the husband gives his wife a choice by saying: "Choose either divorce or remaining," then it is valid, and she has the right to choose as long as she is in the same session. But if the session ends, or the husband retracts, or intercourse occurs before her choice, then she has no right.
If the husband delegates the matter of divorce to his wife or gives her a choice, and she divorces herself, it is a revocable divorce, and the husband may take her back as long as she is within her waiting period (iddah).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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