The Ruling in Islam on Giving the Wife the Power of Divorce
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Question:
What is the ruling in the Shari'ah regarding some of the common people when they say: "The power of divorce is in the wife's hand," meaning that she is the one who holds the power of divorce, not the husband? Is this permissible?
Answer:
The correct view in this matter is that this is an invalid condition; because it is contrary to what Allah has prescribed. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:Sunan Ibn Majah 2521Sahih (Darussalam) Therefore, conditions that contradict the Shari'ah of Allah are not valid. And the fact that he indicates to her that the power of divorce is in her hand is contrary to what Allah has prescribed. The power of divorce is in the husband's hand. And this causes much corruption; because she rarely has patience with the husband, but rather at the slightest thing; she pronounces the divorce.
So the conclusion is: that this is not valid, and this condition is invalid. Yes.
The presenter : May Allah reward you with good.
What is the ruling in the Shari'ah regarding some of the common people when they say: "The power of divorce is in the wife's hand," meaning that she is the one who holds the power of divorce, not the husband? Is this permissible?
Answer:
The correct view in this matter is that this is an invalid condition; because it is contrary to what Allah has prescribed. It is authentically reported from the Messenger of Allah (peace and blessings be upon him) that he said:
Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله؛ فهو باطل، وإن كان مائة شرطSo the conclusion is: that this is not valid, and this condition is invalid. Yes.
The presenter : May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.