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Power of divorce to the wife

Fatwaa ID: 1802

Question:
Marriage registration is mandatory in all countries. As far as I know, Islam has not given the power of divorce to women, but they can ask for divorce from their husbands. In many countries, there is a column in the registration form asking (from the Husband) whether you have given the power of divorce to your wife. The registrar gives the girls the power of divorce without asking the husband. In some cases, they add some conditions to it. What I want to know is if the husband has not given this power to the wife in the true sense, and if the wife divorces in that situation, then the divorce will happen in Islam. And is this process acceptable in Islam?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

In principle, the husband has the sole authority of issuing talaaq. However, the he may delegate the wife the power to issue talaaq. This is known as tafweedh. Aside from this, the wife may request for talaaq from the husband or apply for faskh at a Muslim judicial board.

Nevertheless, we note that your question is coming from Bangladesh. We have perused the official Nikah Nama of Bangladesh which is available from the Kazi/Nikah Registrar’s office and also the clause you have referred to. We have consulted relevant individuals in regards to this clause as well. Your claim is untrue. A husband has the sole choice, in the Bangladeshi Nikah Nama, to delagate the power of divorce to the wife. He may right “yes under the following conditions…” or “no”. The nikah registrar cannot force the groom to write anything contrary to his wish nor can the registrar give that right to the bride without the groom’s consent. When the husband signs the Nikah Nama, he voluntarily agrees to the details of the Nikah Nama. Accordingly, if it states in the Nikah Nama that he has delegated the power of divorce to the wife, then that will be valid and binding subject to the stipulated conditions.

If you require further clarity or assistance, we suggest you refer to your local competent ‘ulamaa in Bangladesh.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

03/16/1445 AH – 10/02/2023 CE | 628

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


Form No. 1601, the Nikah Nama

Rule 28(1)(Ka) of the Bangladesh Muslim Marriage and Divorce (Registration) Act- 2009

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