Does the divorce written by the wife and her parents on a paper take effect, even though the husband did not grant her the right to divorce, but the mawzoun (authorized marriage official) wrote it? And does one divorce take effect, or three, knowing that he had previously divorced her three times in one sitting and then took her back?
Regarding placing the right to divorce ( عصمة ) or the act of divorce (طلاق) in the wife's hand, there is a detailed explanation:
1. Conditioning the right to divorce for the wife in the marriage contract: According to the majority of scholars: This condition is void because it contradicts the essence of the contract and negates its purpose of permanence and stability. Some even consider the entire contract void because of it. According to the Hanafis: It is valid if the wife or her guardian initiates it, for example, by saying: "I marry myself to you on condition that my affair (right to divorce) is in my hands." The preponderant opinion: It is not permissible to stipulate the right to divorce for the wife in the marriage contract itself.
2. Granting the right to divorce or the act of divorce to the wife after the marriage contract: This is valid according to the majority of scholars and is known as delegating the divorce (al-tafwid fi al-talaq). It is restricted to the session (majlis) in which the delegation occurs, according to the majority of jurists. However, the Hanbalis believe that it is not restricted to the session, but it becomes void upon consummation of the marriage or if the husband retracts his delegation.
The difference between granting the wife the right to divorce and saying "You are divorced whenever you wish" (according to the Hanafis): "Your affair is in your hands": This requires the husband's intention of divorce because it is a metaphorical expression (kinayah), and through it, the wife possesses the right to one irrevocable divorce (talaq bain). "You are divorced whenever you wish": The wife possesses the right to one revocable divorce (talaq raj'i) whenever she wishes, but she does not possess the right to divorce three times at once in either case.
If the condition is written in the contract, the determination of the type of divorce (irrevocable or revocable) is referred to the Sharia court. Signing the document implies accountability for its contents, but if the husband claims ignorance of the condition, the matter is then referred to the judiciary.
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