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Fatwa CenterA husband giving up his right of divorce
Question
salam brother, brother i want to know if it is allowed for a man to surrender the right to pronounce verbale divorce when both of the husband and wife donot want to keep this verbal divorce right,so as not to destroy a loving marrige in a foolish anger.is it allowed for me to cancel my right for verbal divorce when my wife is also very happy with it.we have made a agreement between us that i cannot give her the verbal divorce.please guide us in light of islam, may Allah keep you safe, your brother in islam, mubasher.
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 
is His slave and Messenger.
In principle, whoever has a right and wants to give it up, and he is eligible to give his right up, then he may do so provided such a right is among the rights that can be given up. However, divorce is not among such rights. If a man says, “I have given up my right of divorce” and then he divorces his wife then his divorce is effective, because if a husband utters the words of divorce it becomes effective, unless there is some impediment such as insanity, compulsion and the like.
Allaah Knows best.
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