Is the marriage contract valid if the wife stipulates that the right to divorce ( عصمة - ismah) be in her hand or in the hand of her first husband, with the authority to divorce being delegated to her or to her first husband, who acted as an intermediary in the marriage without the second husband knowing his true identity? And is the divorce valid if the authority is delegated to her or to her first husband, and the first husband issues the divorce?
A wife's mere intention to make herself lawful for a former husband does not invalidate the marriage contract as long as the husband does not intend to make her lawful for a former husband. It is not permissible for her to seek divorce or khul' without a valid reason. As for the condition that the marital authority (ismah) be in the hands of the wife or the first husband, it is a void condition because it contravenes the essence of the marriage contract.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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