Conditional Divorce

CategoriesDivorce [560]

Does Shariah allow a wife or her parents etc. to forcibly take right of divorce from her husband?
I recently was confronted to a khula case against me, we both agreed to resolve our disputes and wanted to start life again but her parents by using extreme pressure and brainwashing forced me to sign undue and mostly impractical conditions for a compromise including no objection to the right of divorce being exercised by her free will if required. What is the status of such contract which in essence is signed to avoid fitna and trauma at the time of dispute?

 

In the name of Allah, Most Compassionate, Most Merciful, 

Answer:

 

It is stated in Raddul Muhtar that if a person is forced to appoint a proxy for a divorce then despite the force this will take effect. (Vol 2: P456) Once a right of divorce is granted to the wife (without any time constraints) then it cannot be retracted as the wife has become the rightful owner and can exercise her right when she wants. (Vol 2: P517)

 

In conclusion despite being forced the right of divorce has been granted to the wife. The solution for this would be to get the wife to sign the right back to you and preferably in front of two witnesses.

 

Only Allah Knows best.

 

Sayeedur Rahman

 

Darul Ifta, Birmingham

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