Does the divorce pronounced by the wife upon herself, without witnesses or documentation, take effect, knowing that she has the right to divorce herself and that the marriage certificate lacks personal photos?
According to the Malikis, a wife's condition during the marriage contract that she holds the right to divorce invalidates the marriage and necessitates its annulment before consummation. If consummation occurs, the marriage proceeds with the dowry of an equivalent woman, and the condition becomes void. As for the Hanafis, a woman may divorce herself if she initiates the proposal by saying, "I marry myself to you on the condition that my affair is in my hands," and the husband accepts this. However, if the husband initiates by saying, "I marry you on the condition that your affair is in your hands," the marriage is valid, but her affair is not in her hands. The Permanent Committee for Issuing Fatwas has issued a that this condition is void because it contradicts the purpose of marriage.
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