Is it permissible for the authority (‘ismah) to be in the woman’s hand?
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Question:
Is it permissible for the authority (‘ismah) to be in the woman’s hand if she stipulates it and the man agrees to it, and what is the evidence?
Answer:
At the beginning of the contract, no; the authority (‘ismah) is in the hands of men,[An-Nisa 4:34]. However, after that, if he conditions the divorce on her action or on her choice, there is no harm.
The evidence is the saying of the Prophet (peace and blessings be upon him):, and his saying (peace and blessings be upon him): Bulugh al-Maram 8:32.
But the divorce is in the hand of... the husband. So if he appoints her to divorce herself, or conditions the divorce on her action—such as: if you go out, or if you speak to so-and-so—then he sets a time limit, if he intends to divorce.
Is it permissible for the authority (‘ismah) to be in the woman’s hand if she stipulates it and the man agrees to it, and what is the evidence?
Answer:
At the beginning of the contract, no; the authority (‘ismah) is in the hands of men,
in charge of women
قوامون على النساءThe evidence is the saying of the Prophet (peace and blessings be upon him):
Muslims are bound by their conditions
المسلمون على شروطهمThe most worthy conditions to be fulfilled are those by which you make sexual intercourse lawful for yourselves (in marriage).
إن أحق الشروط أن يوفّى به ما استحللتم به الفروجBut the divorce is in the hand of... the husband. So if he appoints her to divorce herself, or conditions the divorce on her action—such as: if you go out, or if you speak to so-and-so—then he sets a time limit, if he intends to divorce.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.