Is it permissible for the husband to place the 'ismah (right to divorce) in the wife's hand by mutual agreement between them?
The wife's condition, stipulated at the time of the marriage contract, that divorce be in her hands, is invalid according to the majority of jurists, because it contradicts the principle of the husband's guardianship. However, the Hanafis permitted it if the wife was the one who stipulated it. As for the husband delegating his wife to divorce herself after the marriage contract, it is permissible according to most jurists. They differed, however, on whether this is restricted to the session of delegation or not. Malik, Al-Shafi'i, and the jurists of opinion held that it is limited to the session, while the Hanbalis maintained that it is perpetual unless the husband retracts it. The husband has the right to retract the delegation.
As for the rights of the spouses: the husband's rights over his wife include obeying him in what is good, enabling him to herself, not allowing anyone he dislikes into his home, safeguarding his property, not leaving the house except with his permission, and raising the children. The wife's rights over her husband include the dowry, maintenance, and kind treatment.
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- Ftawy
- Original fatwa ID
- 90800
- Imported
- Translation status
- Source text, unreviewed
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