Is it permissible for a woman to stipulate that the divorce be in her hand?
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The questioner : If the divorce is in her hand. And they stipulate in it. She stipulated that the divorce be in her hand.
The Shaykh : No, that is not acceptable. Yes, there is a disagreement, just as you differ and the scholars differ. Some scholars said that this is not permissible because the woman does not have control over this, as she is weak in judgment and quick to be moved by emotion. If she gets angry at her husband over the slightest thing, she might say, "You are divorced." Then, if she says she has divorced him, will she take him back or not? Who will have the power to take her back? Hmm? It is a problem. Also, in any case, the view that appears to me to be correct is the one that says it is not valid. Yes. But if she stipulates the option. The option of choice. For example, if she says, "If it is permissible, meaning, for instance, if this man is known to be a man of bad character, and she says, 'If I am content to stay with you, otherwise I have the option of choice,' then there is also a disagreement on this. The well-known view in the school of thought is that it is not valid.
Because it is not possible to enable the wife to have the option of choice in her hand. And Shaykh al-Islam Ibn Taymiyyah chose the view that this is permissible, and that she may stipulate the option of choice for a reason. So this is a difference between stipulating that the divorce is in her hand and stipulating that if she is not content to stay with him, she has the option of choice. So it appears that what Shaykh al-Islam (may Allah have mercy on him) chose, if it is for a real, considered reason, and not just that she says, "I have chosen not to be your wife," then there is no harm in it.
The Shaykh : No, that is not acceptable. Yes, there is a disagreement, just as you differ and the scholars differ. Some scholars said that this is not permissible because the woman does not have control over this, as she is weak in judgment and quick to be moved by emotion. If she gets angry at her husband over the slightest thing, she might say, "You are divorced." Then, if she says she has divorced him, will she take him back or not? Who will have the power to take her back? Hmm? It is a problem. Also, in any case, the view that appears to me to be correct is the one that says it is not valid. Yes. But if she stipulates the option. The option of choice. For example, if she says, "If it is permissible, meaning, for instance, if this man is known to be a man of bad character, and she says, 'If I am content to stay with you, otherwise I have the option of choice,' then there is also a disagreement on this. The well-known view in the school of thought is that it is not valid.
Because it is not possible to enable the wife to have the option of choice in her hand. And Shaykh al-Islam Ibn Taymiyyah chose the view that this is permissible, and that she may stipulate the option of choice for a reason. So this is a difference between stipulating that the divorce is in her hand and stipulating that if she is not content to stay with him, she has the option of choice. So it appears that what Shaykh al-Islam (may Allah have mercy on him) chose, if it is for a real, considered reason, and not just that she says, "I have chosen not to be your wife," then there is no harm in it.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1989 - 4600 هل يجوز للمرأة أن تشترط أن يكون الطلاق بيدها؟ ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
