Ruling on a husband relinquishing his right of divorce to his wife
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Question: Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 17/1/1389 AH has reached us, may Allah guide you, and the question it contained regarding the permissibility of a husband relinquishing his right of divorce to his wife was clear.
Answer: From Abdul Aziz ibn Abdullah ibn Baz to the honorable brother A. F., may Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 17/1/1389 AH has reached us, may Allah guide you, and the question it contained regarding the permissibility of a husband relinquishing his right of divorce to his wife was clear.
Answer: It is not permissible for a man to relinquish this right to a woman in any way; because a woman is not qualified to occupy this position. And Allah ﷽ said: : [Al-Nisa: 34]. Giving a woman this privilege is contrary to the Book and the Sunnah and reverses the established order. If divorce were in the hands of women, much evil and great corruption would occur, but the wisdom of Allah is above all wisdom.
However, if a man wants to divorce his wife and says, "You are your own agent," and she divorces herself, that is permissible. But for her to have the right to divorce herself based on a prior condition, that condition is invalid, even if there is agreement on it; because invalid conditions have no standing in the Shari'ah.
And the Prophet (peace and blessings be upon him) said:Bulugh al-Maram 8:138, and it was narrated from him (peace and blessings be upon him) that he said: Sunan Ibn Majah 2081Da'if (Darussalam).
And more eloquent than all of this is the aforementioned verse, which is His saying, the Exalted: [Al-Nisa: 34], and His saying, the Glorious: [Al-Ahzab 33:49] the verse [Al-Ahzab: 49].
The verses indicating that divorce is in the hands of men are numerous in the Book of Allah . The meaning bears witness to this, as mentioned previously.
And the answer to what you mentioned is what was used to respond to this questioner: I do not know a basis for it in the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him) or the words of the scholars. Rather, it is something that occurred to him, so he said it based on assumption and independent reasoning, or following a statement he heard that we do not know and which has no basis in the Shari'ah of Allah, the Glorious. And Allah is the One to be sought for help.
But if a woman is harmed by remaining with her husband due to her hatred for him, or his bad treatment, or other reasons, Allah has made an exit for her through mutual divorce (khul'). And if she does not reach an agreement with her husband on that, she brings it to the judicial authority, and it is upon the judicial authority to look into her case in accordance with His saying, the Glorious: [Al-Baqarah: 229], and His saying, the Mighty and Majestic: [Al-Nisa: 35].
And it is established in Sahih al-Bukhari, may Allah have mercy on him, from Ibn Abbas, may Allah be pleased with them both, that the wife of Thabit ibn Qays came to the Prophet (peace and blessings be upon him) and said: "O Messenger of Allah, I find no fault with Thabit ibn Qays in his character or religion, but I dislike disbelief in Islam." The Prophet (peace and blessings be upon him) said to her:. She said: "Yes." The Prophet (peace and blessings be upon him) said to Thabit: Sahih al-Bukhari 5273.
And we have noticed that you mentioned in your letter: "An Arab greeting, whose bond is Islam, and whose cohesion is faith." The correct thing to say is: "An Islamic greeting, based on the Shari'ah evidence, and following the righteous Salaf." And if it is stated explicitly, it is more complete; because the Arab greeting in the pre-Islamic age of ignorance is not the greeting that came with Islam. One should be alert to such matters.
May Allah guide everyone to understanding in the religion and steadfastness upon it, and peace be upon you and the mercy of Allah and His blessings.
Vice President of the Islamic University.
Your noble letter dated 17/1/1389 AH has reached us, may Allah guide you, and the question it contained regarding the permissibility of a husband relinquishing his right of divorce to his wife was clear.
Answer: From Abdul Aziz ibn Abdullah ibn Baz to the honorable brother A. F., may Allah guide him to all good. Amen.
Peace be upon you, and Allah's mercy and blessings. As for what follows:
Your noble letter dated 17/1/1389 AH has reached us, may Allah guide you, and the question it contained regarding the permissibility of a husband relinquishing his right of divorce to his wife was clear.
Answer: It is not permissible for a man to relinquish this right to a woman in any way; because a woman is not qualified to occupy this position. And Allah ﷽ said: :
Men are in charge of women
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِHowever, if a man wants to divorce his wife and says, "You are your own agent," and she divorces herself, that is permissible. But for her to have the right to divorce herself based on a prior condition, that condition is invalid, even if there is agreement on it; because invalid conditions have no standing in the Shari'ah.
And the Prophet (peace and blessings be upon him) said:
There is no divorce except after marriage, and no freeing (of a slave) till one has possession (of one).
لا طلاق إلا بعد نكاح، ولا عتق إلا بعد ملكDivorce belongs to the one who takes hold of the calf (i.e., her husband).
إنما الطلاق لمن أخذ بالساقAnd more eloquent than all of this is the aforementioned verse, which is His saying, the Exalted:
Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard. But those [wives] from whom you fear arrogance - [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنْفَقُوا مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِلْغَيْبِ بِمَا حَفِظَ اللَّهُ وَاللَّاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلا تَبْغُوا عَلَيْهِنَّ سَبِيلًا إِنَّ اللَّهَ كَانَ عَلِيًّا كَبِيرًاO You who have believed, when you marry believing women and then divorce them
يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّThe verses indicating that divorce is in the hands of men are numerous in the Book of Allah . The meaning bears witness to this, as mentioned previously.
And the answer to what you mentioned is what was used to respond to this questioner: I do not know a basis for it in the Book of Allah or the Sunnah of His Messenger (peace and blessings be upon him) or the words of the scholars. Rather, it is something that occurred to him, so he said it based on assumption and independent reasoning, or following a statement he heard that we do not know and which has no basis in the Shari'ah of Allah, the Glorious. And Allah is the One to be sought for help.
But if a woman is harmed by remaining with her husband due to her hatred for him, or his bad treatment, or other reasons, Allah has made an exit for her through mutual divorce (khul'). And if she does not reach an agreement with her husband on that, she brings it to the judicial authority, and it is upon the judicial authority to look into her case in accordance with His saying, the Glorious:
there is no blame upon either of them concerning that by which she ransoms herself
فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِAnd if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them
وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُوا حَكَمًا مِنْ أَهْلِهِ وَحَكَمًا مِنْ أَهْلِهَا إِنْ يُرِيدَا إِصْلاحًا يُوَفِّقِ اللَّهُ بَيْنَهُمَاAnd it is established in Sahih al-Bukhari, may Allah have mercy on him, from Ibn Abbas, may Allah be pleased with them both, that the wife of Thabit ibn Qays came to the Prophet (peace and blessings be upon him) and said: "O Messenger of Allah, I find no fault with Thabit ibn Qays in his character or religion, but I dislike disbelief in Islam." The Prophet (peace and blessings be upon him) said to her:
Will you return his garden to him?
أتردين عليه حديقتهAccept your garden, and divorce her once.
اقبل الحديقة وطلقها تطليقةAnd we have noticed that you mentioned in your letter: "An Arab greeting, whose bond is Islam, and whose cohesion is faith." The correct thing to say is: "An Islamic greeting, based on the Shari'ah evidence, and following the righteous Salaf." And if it is stated explicitly, it is more complete; because the Arab greeting in the pre-Islamic age of ignorance is not the greeting that came with Islam. One should be alert to such matters.
May Allah guide everyone to understanding in the religion and steadfastness upon it, and peace be upon you and the mercy of Allah and His blessings.
Vice President of the Islamic University.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.