Her husband divorced her although he had authorized her to divorce herself

24-2-2010 | IslamWeb

Question:

My husband is not authorized to give me divorces that he wrote in the Nikkah naama .He give me authorrization for Divorce.but now he is giving me irreversible divorce I want ot know te answer what Islam said about that

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

The majority of the jurists are of the view that conditioning in the marriage contract that divorce is in the hands of the wife in a way that she divorces herself whenever she wishes is void, as this condition is contrary to the objectives of the contract. The Prophet said: “Any condition that is not in the Book of Allaah is void even if it were 100 conditions.” [Al-Bukhari and Muslim] For more benefit, please refer to Fatwa 92334.

Indeed, Allaah make the husband as the protector and provider of his wife. Allaah Says (what means): {Men are in charge of women by [right of] what Allaah has given one over the other and what they spend [for maintenance] from their wealth.}[Quran 4:34]

Therefore, this condition is invalid in principle and the divorce that your husband initiated to you is an effective divorce unless there is an impediment for it to take place, and the fact that he authorized you to divorce yourself from him is not an impediment for him divorcing you.

Allaah Knows best.