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The question

What is the difference between infallibility being in the wife's hand and the husband delegating it to her? Is requesting infallibility to be in the wife's hand a defect or Haram (forbidden) in Sharia?

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

In linguistics, 'ismah (infallibility/chastity) means prevention and preservation, and it also refers to the marriage contract. The termination of 'ismah (divorce) is a man's right. A man can delegate this right to his wife, either before or after the marriage contract. Delegating the right of divorce to the wife before the contract is not valid according to most jurists, though the Hanafis permitted it under certain conditions. As for delegating it after the contract, it is permissible according to most jurists, who stipulated that it must occur within the session of delegation. Making the 'ismah in the wife's hand after the contract is permissible, but it is preferable not to do so given the emotional nature of women.

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Ftawy
Original fatwa ID
69232
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