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The Right of Divorce

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

Can woman divorce her husband, if right of divorce is given by the husband at time of Nikah?


Answer:

 

                  

If the rights of divorce were given to the wife after Nikah then the wife will have the rights to divorce herself according to the conditions laid down by the husband. However, the ruling will differ if the rights were given to the wife prior to Nikah or at the time of Nikah. If the latter two conditions apply to your case then please provide us with more information as to how the rights were given, what words were used and as to who proposed the rights.

And Allah Ta’ala knows best

Ilyaas bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

16 September 2004

01 Sha’baan 1425

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