Ruling on a woman stipulating that the power of divorce be in her hand
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We hear in some marriage contracts that the woman requests that the power of divorce be in her hand, or that her affairs be in her control. What is the ruling on this?The Shaykh: Meaning: she divorces herself whenever she wishes?The questioner: Yes.
The Shaykh: This is not valid.
The questioner: And what is the ruling of the contract, O Shaykh, if the husband agrees?The Shaykh: The contract is valid, but the condition is not valid. However, the one who performs the contract (the marriage officer) must say before finalizing it: "This condition is not valid, but she has the option in another matter—for example—"If she said to him: "If I am not comfortable staying with your family, I have the option, or if your character is not as it should be, I have the option."This is a matter in which the scholars differed: Some scholars say that there is no harm in this, and this is the choice of Shaykh al-Islam Ibn Taymiyyah.
And among them are those who say: It is not valid, because the woman is close and distant,If her husband scolds her once, she says: I want to choose for myself, for she does not have patience and does not endure. If you treated one of them well for a whole lifetime, and then she found one instance of bad treatment from you, she would say: "I have never seen any good from you."
But what Shaykh al-Islam held is acceptable; because it is a condition that does not contradict the implications of the contract, and the one who stipulated it has a valid purpose.And the Prophet (peace and blessings be upon him) said: (The most deserving of conditions to be fulfilled are those by which you have made lawful the private parts).
The questioner: O Shaykh! No difference appears?The Shaykh: No,There is a difference if she says: The divorce being in her hand means: she divorces whenever she wishes, even without a reason.
The Shaykh: This is not valid.
The questioner: And what is the ruling of the contract, O Shaykh, if the husband agrees?The Shaykh: The contract is valid, but the condition is not valid. However, the one who performs the contract (the marriage officer) must say before finalizing it: "This condition is not valid, but she has the option in another matter—for example—"If she said to him: "If I am not comfortable staying with your family, I have the option, or if your character is not as it should be, I have the option."This is a matter in which the scholars differed: Some scholars say that there is no harm in this, and this is the choice of Shaykh al-Islam Ibn Taymiyyah.
And among them are those who say: It is not valid, because the woman is close and distant,If her husband scolds her once, she says: I want to choose for myself, for she does not have patience and does not endure. If you treated one of them well for a whole lifetime, and then she found one instance of bad treatment from you, she would say: "I have never seen any good from you."
But what Shaykh al-Islam held is acceptable; because it is a condition that does not contradict the implications of the contract, and the one who stipulated it has a valid purpose.And the Prophet (peace and blessings be upon him) said: (The most deserving of conditions to be fulfilled are those by which you have made lawful the private parts).
The questioner: O Shaykh! No difference appears?The Shaykh: No,There is a difference if she says: The divorce being in her hand means: she divorces whenever she wishes, even without a reason.