Fatwas of the Permanent Committee

Browse by Volume Number > Group 1 > Volume 20: Divorce > Wisdom behind granting the right to initiate Talaq to men > Is it permissible for a woman to have the right to divorce?

Fatwa no. 5245

Q: Many people from neighboring countries ask me about the issue of `Ismah (the bond of marriage, i.e. the right to initiate divorce). Is it permissible for a woman to have this right? Please enlighten us.

A: The basic rule is that divorce is in the husband’s hands and anyone he delegates. This is in case the husband is fit, but if he is not, his guardian will act in his behalf. Moreover, if the husband authorizes his wife to initiate the divorce, she will have the right to do so as long as he has not annulled the Wakalah (appointment of a legally accountable person to act on behalf of another for a specific permissible matter). However, when a husband grants his wife the right to initiate divorce at any time by adding a condition in the marriage contract, this condition is Batil (null and void) since it opposes the main purpose behind the marriage contract. The Prophet (peace be upon him) said, “Any condition that is not in the book of Allah is null, even if they are one hundred conditions.”

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

The Permanent Committee for Scholarly Research and Ifta’

Member Member Deputy Chairman Chairman

`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7485&PageNo=1&BookID=7

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Browse by Volume Number > Group 1 > Volume 20: Divorce > Wisdom behind granting the right to initiate Talaq to men > Wisdom behind granting the right to initiate Talaq to men

The third question of Fatwa no. 4497

Q 3: Why does Islam grant only the husband the right to initiate Talaq (divorce pronounced by a husband)? What is the ruling if the husband’s company is unbearable? How can we say that Islam treats both men and women equally?

A: Firstly: Allah grants the husband alone the right to initiate Talaq due to many important reasons, such as;

(i) The husband’s wisdom, strong will, understanding, and insight being more than the wife’s.

(ii) The husband is the one who provides for the family, manages its affairs and takes decisions. He is the main pillar and head of the household.

(iii) The husband is obligated to pay the Mahr (mandatory gift to a bride from her groom) and that is why divorce is in his hand. Had it been in the woman’s hand, a woman may marry someone to take the Mahr and divorce him to marry another, and so on. This is not proper and Allah warns Muslims against this when He says: Men are the protectors and maintainers of women, because Allâh has made one of them to excel the other, and because they spend (to support them) from their means.

Secondly: When the husband’s company is unbearable, the matter is to be referred to the courts.

Thirdly: Allah favors men with some rulings and favors women with some rulings, and both of them share some rulings, and the mutual reference is the Shari`ah (Islamic law).

May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

The Permanent Committee for Scholarly Research and Ifta’

Member Member Deputy Chairman Chairman

`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7484&PageNo=1&BookID=7

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Browse by Volume Number > Group 1 > Volume 20: Divorce > Wisdom behind granting the right to initiate Talaq to men > Should a woman make Kaffarah for divorcing her husband?

The first question of Fatwa no. 8065

Q 1: When a woman divorces her husband, is she required to make Kaffarah (expiation)? If so, what is it?

A: When a woman pronounces the divorce word to her husband, the divorce does not take place. No Kaffarah is required, but she has to perform Tawbah (repentance to Allah) and ask Allah’s forgiveness. Her pronouncement of divorce to her husband goes against the Shari`ah (Islamic law) proof that indicates that the right of divorce is given to the husband or the Islamically lawful authorized person that replaces the husband in divorce.

May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions.

The Permanent Committee for Scholarly Research and Ifta’

Member Member Deputy Chairman Chairman

`Abdullah ibn Qa`ud `Abdullah ibn Ghudayyan `Abdul-Razzaq `Afify `Abdul-`Aziz ibn `Abdullah ibn Baz

http://www.alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=7486&PageNo=1&BookID=7