Is it permissible for the woman to have the authority to pronounce divorce?
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Fatwa number ( 5245 )
Q: We inform your eminence that some people from the brotherly countries asked me regarding the authority of divorce: Is it permissible for the woman to have the authority to divorce her husband? Please inform us.
A: The principle is that the authority to pronounce divorce lies with the husband and with whoever the husband delegates to do so, provided that the husband is competent to pronounce the divorce. As for if he is not competent, then his guardian acts in his place. If the husband delegates to his wife the authority to divorce herself from him, she has the right to divorce herself from him as long as he does not revoke the agency. However, if the husband makes the authority of divorce lie with the wife as a condition in the marriage contract, stating that whenever she wishes she may divorce herself, this condition is invalid because it contradicts the implications of the contract. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2521Sahih (Darussalam) . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We inform your eminence that some people from the brotherly countries asked me regarding the authority of divorce: Is it permissible for the woman to have the authority to divorce her husband? Please inform us.
A: The principle is that the authority to pronounce divorce lies with the husband and with whoever the husband delegates to do so, provided that the husband is competent to pronounce the divorce. As for if he is not competent, then his guardian acts in his place. If the husband delegates to his wife the authority to divorce herself from him, she has the right to divorce herself from him as long as he does not revoke the agency. However, if the husband makes the authority of divorce lie with the wife as a condition in the marriage contract, stating that whenever she wishes she may divorce herself, this condition is invalid because it contradicts the implications of the contract. The Prophet (peace and blessings be upon him) said:
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرط
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.