The condition that places the right of divorce in the woman's hand is not valid
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Question: A woman stipulated before the marriage contract that the suitor not divorce her, and the husband accepted this condition. Is this condition valid or not? And does the woman have the right to stipulate that the dissolution of the marriage contract be in her hand?
Answer: This condition is not valid. He has the right to divorce her whenever he wishes. It is not permissible to stipulate that the right of divorce be in her hand. The correct view is that it is not permissible to stipulate that the right of divorce be in her hand, nor to stipulate that he will not divorce her. That is because matters may arise that necessitate divorce. If he stipulates that he will not divorce her, he still has the right to divorce her. Yes, if there is a need to divorce her, because the condition is not valid.
Answer: This condition is not valid. He has the right to divorce her whenever he wishes. It is not permissible to stipulate that the right of divorce be in her hand. The correct view is that it is not permissible to stipulate that the right of divorce be in her hand, nor to stipulate that he will not divorce her. That is because matters may arise that necessitate divorce. If he stipulates that he will not divorce her, he still has the right to divorce her. Yes, if there is a need to divorce her, because the condition is not valid.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
