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Can My Wife Divorce Me?

Answered as per Shafi'i Fiqh by Seekersguidance.org

Answered by Shaykh Abdurragmaan Khan

Question: Assalam alaykum,

My wife gave me divorce with lots of grievance and in angry condition. After that she became committed to me that she withdraw it. Recently she got angry again and went for a divorce. Then she came to know that the previous divorce is running. How can we get rid of it?

Answer: Wa alaykum al-Salam

If what you mean by your wife giving you a divorce, is that she pronounced a divorce and said to you that she divorces you, then this divorce is not valid. The power of divorce in Islam lies only with the husband. The pronouncement of divorce by the wife is null and void.

Yes, should the husband sign over his power of divorce to his wife, whereby he says to her, “divorce yourself from me” and she responds by saying, “I divorce myself from you” the divorce would be valid.

If however what you mean is that she applied for a separation in an Islamic court, and your marriage was annulled, then this would be valid. You would then be required, if you wish to reconcile with her, to remarry her in a new marriage contract.

And Allah knows best
[Shaykh] Abdurragmaan Khan

Shaykh Abdurragmaan
received ijazah ’ammah from various luminaries, including but not restricted to: Habib Umar ibn Hafiz—a personality who affected him greatly and who has changed his relationship with Allah, Maulana Yusuf Karaan—the former Mufti of Cape Town; Habib ‘Ali al-Mashhur—the current Mufti of Tarim; Habib ‘Umar al-Jaylani—the Shafi‘i Mufti of Makkah; Sayyid Ahmad bin Abi Bakr al-Hibshi; Habib Kadhim as-Saqqaf; Shaykh Mahmud Sa’id Mamduh; Maulana Abdul Hafiz al-Makki; Shaykh Ala ad-Din al-Afghani; Maulana Fazlur Rahman al-Azami and Shaykh Yahya al-Gawthani amongst others.

This answer was collected from Seekersguidance.org. It’s an online learning platform overseen by Sheikh Faraz Rabbani. All courses are free. They also have in-person classes in Canada.

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