Is it permissible for a man to place the 'ismah (right to unilateral divorce) in his wife's hand because he is prone to anger and lacks patience, and he had previously divorced her for the most trivial reasons, and she wishes to preserve her family?
The meaning of infallibility ( عصمة - 'ismah, often implying the power to divorce) being in the wife's hand is that she is delegated the right to divorce herself. This is permissible according to the majority of scholars. Divorce is a right of the husband, so he may divorce himself, or delegate his wife, or appoint someone else. This delegation or appointment does not waive the husband's right to divorce.
Placing the power of divorce in the wife's hand does not solve the problem of anger, because it means the wife has the right to divorce herself whenever she wishes. However, this does not mean stripping the husband of his right to divorce; rather, divorce becomes in the hands of both of them.
Scholars differed on the duration of the wife's right to divorce when the husband says: "Your affair is in your hand." Some said it remains forever, while others restricted it to the session in which it was said. Ibn Qudamah preferred the first opinion, citing the statement of Ali (may Allah be pleased with him).
It is not advisable to place the power of divorce in the wife's hand due to her emotional nature, which might lead her to divorce herself for the most trivial reasons, given the deficiency in their intellect and the dominance of their desires over them.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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