Endowning the wife the right to divorce in marriage contract
Fatwa No: 280573

  • Fatwa Date:16-1-2015 - Rabee' Al-Awwal 26, 1436
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Question

Asallam U Alaikum, When I got married my parents put in the marriage contract the right of khula or a stipulation that I had the right to divorce. I heard it mentioned in the contract to me but I didn't know what it entailed as I was ignorant about these issues. In the start of my marriage I had many arguments with my husband and I'm not sure how many times I may have said I want to leave and what my intention was. Could my past words have resulted in divorce? I am happily married now alhamdullilah and I am have alot of waswaas about this past issue. I can't be sure how many times I said I want to go away and what my intentions were at the time as it was many years ago. What I do know is when I was angry I may have said I want to go away with the intention of divorce.

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

What was written in the contract about your right for divorce is not taken into consideration in the Islamic religious law as we have already explained in Fatwa 92334.

Based on this, you should ignore this Waswaas (obsessive whispering) and seek refuge in Allaah from the accursed devil, and keep good company with your husband.

Allaah Knows best.

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