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 AMJA ONLINE Fatwa on Divorce by a Woman

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PostSubject: AMJA ONLINE Fatwa on Divorce by a Woman   Tue Aug 09, 2011 11:37 pm



AMJA ONLINE Fatwa on Divorce by a Woman

ID 83936
Scholar: Dr. Main Khalid Al-Qudah
Date 2011-03-09
Category Family and Personal Affairs

Question:


Assalamu alaikum Is it possible in Islam that a woman can be the one in charge of divorce? In other words, can a woman be granted the right to divorce her husband herself without appealing to the court? I once saw this in a film. Does it have a basis in Shariah? Kindly note that I am not asking about Khul. I am asking about divorce in the same manner a man divorces his wife without having to give up her financial rights. Thanks


Fatwa

Alhamdu Lillah! A wife can have the authority of divorcing herself from her husband only when her husband gives her that authority; either by indicating so when conducting the marriage contract, or afterward. This authority could be restricted to a particular time and could be open and permanent. An example for the timed one; if the husband said to his wife during an argument; divorce yourself if you wish, and she responded: I am divorced, then she is.
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