Back to search
The question

In light of the application of the principle of equality in modern personal status laws, which allow the wife to request a divorce just as the husband can, are there conditions that the husband can include in the marriage contract to restrict the wife's right to request a divorce, in order to ensure justice and avoid the negative consequences that may arise from these laws, taking into consideration the validity of these conditions and their non-contradiction with the legitimate contract?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Man-made laws are sometimes flawed and unjust because they are products of human creation and subject to human whims. An example is a law that grants the wife the same right to divorce as the husband, which has no basis in Islamic law. As for Allah's law, it is perfect, just, and true, for it originates from the Wise, the All-Aware. It has placed divorce in the husband's hand for many reasons, among them that the husband is more controlled in his actions and deliberates before divorce because he is financially affected by it. Although Islamic law has placed divorce in the husband's hand, it has provided the woman with a means to divorce if she is harmed, allowing her to request a divorce or refer her case to the judge.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
72631
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy