Back to search
The question

Is a man's divorce of his fiancée valid when he is angry and the bond is in her hand?

Share this answer

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

If a man is merely a suitor (khatib) and has not yet entered into a legal marriage contract (aqd), his divorce (talaq) does not take effect upon his fiancée. However, if the fiancée is already bound by a marriage contract, the husband's divorce takes effect upon her, even if he is angry, as long as he is of sound mind. A husband entrusting his wife with the right to divorce herself does not prevent his own divorce from taking effect. And if the intention behind placing the 'isma (power of divorce) in the wife's hand is a condition in the contract that grants her the right to divorce herself whenever she wishes, then this condition is invalid according to most scholars because it contradicts the essence of the contract. Some scholars permit it if the woman initiates it in the wording of the contract, but the husband's right to divorce remains established.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
171769
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy