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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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In these days, in lands other than the Two Holy Mosques, certain fatwas have been issued in some Islamic countries regarding matters of the religion.

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The questioner : The second part of the question, O honorable Shaykh, says: In these days, in lands other than the Two Holy Mosques, certain fatwas have been issued in some Islamic countries regarding matters of the religion: that divorce should be in the woman's hand, and such as the fatwa permitting smoking for the person of abundant wealth. What is your guidance regarding this, O honorable Shaykh?

The Shaykh : Yes. Our guidance regarding this is: As for the one who says that divorce is in the woman's hand, this is not correct and it is not valid. It contradicts the Noble Qur'an. The Qur'an says, Allah Mighty and Majestic:
O You who have believed, when you marry believing women and then divorce them يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمْ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ
[Al-Ahzab 33:49]
. And He Mighty and Majestic says:
And if you divorce them before you have touched them and you have already specified for them an obligation, then [give] half of what you specified وَإِنْ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ
[Al-Baqarah 2:237]
. And He Mighty and Majestic says:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period يا أيها النَّبِيُّ إِذَا طَلَّقْتُمْ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ
[At-Talaq 65:1]
. And He Mighty and Majestic says:
Men are in charge of women by [right of] what Allah has given one over the other الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ
[An-Nisa 4:34]
. And it came in the hadith from the Prophet (peace and blessings be upon him and his family):
Divorce belongs to the one who takes hold of the calf (i.e., her husband). إنما الطلاق لمن أخذ بالساق
Sunan Ibn Majah 2081Da'if (Darussalam)
. And this, in my opinion, is contrary to the consensus of the Muslims that divorce should be in the woman's hand. From the perspective of sound judgment: the woman is of quick emotion and deficient intellect. If she sees a man more handsome than her husband, she would go to her husband and say: You are divorced three times. She would divorce him with a final divorce from which there is no return, because she hopes for this handsome man.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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