How can a wife waive her right to divorce ( عصمة الطلاق) granted to her by her husband, and is merely informing the husband sufficient to nullify it, or does the matter require other procedures such as renewing the marriage contract?
If a woman stipulates during the marriage contract that divorce be in her hands, then this condition is void according to the majority of scholars, while the contract itself remains valid, and divorce remains in the hands of the husband.
The Hanafi school, however, validates this condition and the contract if it was initiated by the woman. But if it was initiated by the man, the contract is valid, but the condition is void.
As for the husband giving the wife the right to divorce ( عصمة ) after the marriage contract, this is an authorization for her to divorce, and it is valid according to most scholars. Some of them restrict it to the current sitting (مجلس), while others consider it continuous until the husband revokes it or she herself cancels the authorization.
If the woman wishes to revoke her right to divorce, she may waive her right from the condition and cancel the authorization by informing her husband of that.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/190992
- Source platform
- Ftawy
- Original fatwa ID
- 190992
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy