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The question

When is the appropriate time for a woman to say, "I have married myself to you on the condition that my affairs be in my hands; I may divorce myself whenever I wish," and would this be in the presence of the شرعي (Shari'i) registrar?

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

The wife stipulated in the marriage contract that divorce would be in her hands. This condition is not valid according to most jurists because it contradicts the essence of the contract, which dictates that divorce is the husband's right, as men are the maintainers of women, and men are more capable than women of controlling their emotions. The Maliki school of thought holds that if a woman stipulates this, the contract is nullified, whether before or after consummation. It was also said that it is nullified if he has not consummated the marriage with her, but if he has, the marriage is established with a dowry of similar value, and the condition is annulled. The Hanafi school of thought permits the condition if the woman initiated it, saying: "I marry myself to you on the condition that my affair is in my hands; I can divorce myself whenever I wish," and the husband said: "I accept." However, if the husband initiated it, saying: "I marry you on the condition that your affair is in your hands," the marriage is valid, but her affair would not be in her hands.

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Ftawy
Original fatwa ID
178128
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