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What is the ruling of Islamic law regarding a wife returning to her husband after two divorces, with her request that the matter of her divorce be in her own hands, and how many divorces remain, and is she entitled to her maintenance, deferred dowry, and solace if she divorces herself?

1 min readAlso available in العربية

Scholars have differed on the condition of placing the 'isma (right to divorce) in the hand of the wife in the marriage contract: The Hanafis: It is permissible if the woman initiates by saying: "I marry myself to you on the condition that my affair is in my hand, I can divorce myself whenever I wish," and the husband accepts. However, if the husband initiates, then her affair is not in her hand. The Malikis: The condition is invalidating (mukhil), so the marriage is annulled before consummation. If it occurs after consummation, the marriage is affirmed with a dower of the like (sadaq al-mithl), and the condition is annulled.

The correct view is that it is not permissible to stipulate placing the 'isma in the hand of the wife in the contract. However, it is permissible for the husband to deputize her in the matter of divorce without making it a condition. If the 'idda (waiting period) ends, a new dower and contract are required for reconciliation.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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