Is it permissible for infallibility (issma) to be held jointly by both spouses, such that neither of them can pronounce divorce without the the other's consent?
Divorce is a husband's right, and he may delegate it to another or authorize his wife to divorce herself. It is permissible for a woman to be appointed as an agent to divorce another woman or to be authorized to divorce herself. If a husband places his wife's affair in her hand, this authorization is permanent and not restricted to the مجلس (the session or gathering). Authorization does not waive the husband's right to divorce or to retract. There is no legitimate Islamic way to restrict the husband such that his divorce does not occur except with his wife's consent; even if they agree to this, it is void. Divorce occurs through writing with intention or through explicit verbal utterance, even without intention.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 7718
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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