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The question

Is it permissible for a Muslim man to marry a woman from outside his country, a "misyar" marriage, on condition that the 'ismah (right to divorce) be in the wife's hand, and what are its conditions and rulings?

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

Most jurists have concluded that the wife's condition that divorce be in her hand is invalid because it contradicts the essence of the contract. The Hanafis permitted it if the woman initiated it and the husband accepted, in which case the matter would be in her hand. However, if the husband initiated it, the marriage would be valid, but the matter would not be in her hand.

The Malikis held that this contract is annulled if he has not consummated the marriage with her. If he has consummated it, the marriage is confirmed, she is entitled to a mahr al-mithl (dowry of the like), and the condition is nullified.

As for the husband delegating his wife the authority to divorce herself after the contract, this is permissible according to most jurists.

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Where this answer came from
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Ftawy
Original fatwa ID
41764
Imported
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Source text, unreviewed
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