Is it permissible for the wife to be given the right to repudiate (divorce) herself?
The fundamental principle is that divorce is in the husband's hand, and no one else has the authority to divorce the wife except with his authorization. It is permissible for the husband to deputize his wife to divorce herself. However, making the power of divorce in the wife's hand, such that she possesses the right to divorce and the husband does not, is a void condition because it contravenes the nature of the contract, based on the Prophet's (peace be upon him) saying: "Every condition that is not in the Book of Allah is void, even if it were a hundred conditions." Therefore, it is not permissible to accept this condition, and the pretexts the suitor puts forward for requesting it are flimsy.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 91088
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy