A Woman Conditioning Her Marriage on Retaining the Right of Divorce and on Her Husband Not Marrying Another Woman

The questioner:
Honorable Shaykh, regarding conditions in marriage: if a woman conditions that the power of divorce be in her hand, and the husband agrees, is this condition invalid or valid?

The Shaykh:
Since divorce is a right belonging to the husband, if he delegates to her the authority to divorce herself, that is permissible for him. He may delegate this, whether he delegates it to her or to someone else, because it is his right to exercise it himself or to appoint a representative to do it on his behalf.
As for the condition that she holds the right of divorce from the beginning of the contract, I do not see this as valid, because this makes the woman defiant toward the man, and it is a means for her to make the divorce absolute, even if the man’s hand is not currently involved in attempts. Unfortunately, in some countries that claim to be Islamic, they place the power of divorce in the hands of the woman. This is contrary to the ruling of Allah, the Exalted, and contrary to what Allah, Mighty and Majestic, has prescribed.

The questioner:
And if she conditions that Allah forgive you, that he not marry another woman, that condition is valid. Yes.

The Shaykh:
It is valid, but it does not prevent him from marrying. He may marry, and she will have the choice after the fact. If he marries another woman, she has the choice to remain or to leave, but marriage is not forbidden to him.