Can a Woman Require the Right to Divorce in Her Marriage Contract?

Answered by Ustadh Tabraze Azam

Question: Assalam’aleykum,

Is it permissible for a girl or girl’s parents to ask that the girl be given the right to divorce, and then for this to be included as a clause in the marriage contract?

Answer: Wa alaikum assalam wa rahmatullah,

Yes, it is permitted for the wife to include the conditional or unconditional right to divorce as a stipulation within her marriage contract because the husband is able to grant this right to her.

For example, she could include the clause, “provided I have the right to divorce myself – one finalised divorce – upon the following condition, anytime I wish: if you take illegal drugs or intoxicants.”

However, it would be proper to include conditions under the guidance of a learned scholar so that (1) you can include them soundly, and (2) ensure that you do so in a way which is mutually agreeable.

Consider taking the following free class: Islamic Marriage: Guidance for Successful Marriage and Married Life

See also: Hartford and Muneeb’s, Your Islamic Marriage Contract.

And Allah Most High alone knows best.

wassalam,

Tabraze Azam

Checked & Approved by Shaykh Faraz Rabbani