The ruling on a wife stipulating the right to divorce herself in the marriage contract
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. I heard from some students of knowledge that a woman may stipulate in the marriage contract that she has the right to divorce herself or annul her marriage with her husband. Is this considered a valid condition in the Shari'ah?
Answer:
No, but he may appoint her as his agent; he may appoint her as his agent. As for her stipulating it upon him, no. And what about after the time of agency? Agency after the contract, and after, yes.
He says: Honorable Shaykh, may Allah grant you success. I heard from some students of knowledge that a woman may stipulate in the marriage contract that she has the right to divorce herself or annul her marriage with her husband. Is this considered a valid condition in the Shari'ah?
Answer:
No, but he may appoint her as his agent; he may appoint her as his agent. As for her stipulating it upon him, no. And what about after the time of agency? Agency after the contract, and after, yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - ٠٧٥-كتاب الطلاق - ٣-٢-٢٥ هـ — archive.org (6:30)
The Arabic text is a machine transcription of the audio recording.