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The question

What is the meaning of the infallibility (control over divorce) being in the wife's hand, or in the hand of another person chosen by the wife, as stipulated in the marriage contract?

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

The meaning of the infallibility ( عصمة ) being in the wife's hand is that the power to divorce is delegated to her. Divorce is the husband's right, and he may delegate his wife to divorce herself, or he may appoint someone else, and this does not relinquish his right. The Zahiris disagreed with this. The jurists differed on whether the infallibility ( عصمة ) remains with the wife forever or is restricted to the session ( مجلس ) if the husband says to his wife: "Your affair is in your hand." Ibn Qudamah preferred that it remains with her forever, based on the saying of Ali (رضي الله عنه): "It is hers until she refrains." The husband has the right to retract giving the infallibility ( عصمة ) to the wife. It is preferable not to place the infallibility ( عصمة ) in the wife's hand due to their deficient intellect and the dominance of desires over them.

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Ftawy
Original fatwa ID
34338
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