A woman stipulating that the power of divorce rests with her and that her husband not marry another woman over her
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The questioner:
Honorable Shaykh. Regarding conditions in the marriage contract, if a woman stipulates that the power of divorce rests with her, and the husband agrees, is this condition invalid or valid?
The Shaykh:
Now, divorce is a right belonging to the husband. If he appoints her to divorce herself, that is permissible for him. It is permissible to appoint someone to divorce his wife, whether a woman or the wife herself. It is permissible to appoint someone in this matter because it is his right, which he can exercise himself or appoint someone to act on his behalf. However, stipulating that the power of divorce rests with her from the beginning of the contract is something I do not see as existing, because this makes the woman defiant toward the man, and it is a means to make the power of divorce absolute, even if she is in a state of impurity. Now, unfortunately, there are attempts in some countries that claim to be Islamic to place the power of divorce in the woman's hand. This is contrary to the ruling of Allah the Exalted and contrary to what Allah the Mighty and Majestic has prescribed.
The questioner:
And if she stipulates that he not marry another woman over her, is that a valid condition?
The Shaykh:
It is a valid condition, but it does not prevent him from marrying. He may marry, and she will have the option after the marriage. If he marries another woman over her, she will have the option if she remains or if she suffers a loss, but marriage is not forbidden for him. Yes.
The presenter:
May Allah reward you
Honorable Shaykh. Regarding conditions in the marriage contract, if a woman stipulates that the power of divorce rests with her, and the husband agrees, is this condition invalid or valid?
The Shaykh:
Now, divorce is a right belonging to the husband. If he appoints her to divorce herself, that is permissible for him. It is permissible to appoint someone to divorce his wife, whether a woman or the wife herself. It is permissible to appoint someone in this matter because it is his right, which he can exercise himself or appoint someone to act on his behalf. However, stipulating that the power of divorce rests with her from the beginning of the contract is something I do not see as existing, because this makes the woman defiant toward the man, and it is a means to make the power of divorce absolute, even if she is in a state of impurity. Now, unfortunately, there are attempts in some countries that claim to be Islamic to place the power of divorce in the woman's hand. This is contrary to the ruling of Allah the Exalted and contrary to what Allah the Mighty and Majestic has prescribed.
The questioner:
And if she stipulates that he not marry another woman over her, is that a valid condition?
The Shaykh:
It is a valid condition, but it does not prevent him from marrying. He may marry, and she will have the option after the marriage. If he marries another woman over her, she will have the option if she remains or if she suffers a loss, but marriage is not forbidden for him. Yes.
The presenter:
May Allah reward you
Source
شرح نونية ابن القيم [47] — alfawzan.live (1:19:55)
The Arabic text is a machine transcription of the audio recording.