Office Of Grand Ayatollah Sayyed M.S.Al-Hakeem


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Divorce
Q [1]  In Islam a wife has been given the right to take khula (i.e. divorce without the consent or approval of the husband), does the husband also have any such right?
The wife does not have the right of divorce even khula which is when she gives away her dower or some of her property to the husband and he divorces her in return.
Q [2]  According to Shia law, does the woman have the right to divorce herself from her husband?
The husband is usually the one who divorces the wife. Yes, if the wife puts a condition in the marriage contract that she will be his agent in her own divorce in such a way that she cannot be discharged from such appointment and the husband agreed to this, then she can divorce herself on behalf of her husband. Also she can do so if she makes it a condition that if the husband travels and disappears during his travel, she will be his agent in reciting the divorce formula.
Q [3]  Does Islam allow the wife to have the power to divorce her husband?
Islam does not allow marriage in such a way. Islam has legislated marriage in such a way that the husband has the power to divorce as well as the financial obligations and other responsibilities.
Q [4]  Can a wife divorce her husband due to his infertility, without his consent?
She can ask him to divorce her; she cannot divorce herself.
Q [5]  Can I divorce my wife based on the fact that I do not like her or should there be other reasons? Please advise.
The divorce is the right of the husband. In order to be fair, one should not choose it unless there is a need for it. It is better to try to fix the relationship with the wife as much as possible since a divorced woman is subjected to the social and psychological harm more than a divorced man.
Q [6]  Is it necessary that the divorce be pronounced in Arabic, or can it be conducted in another language?
Divorce is not correct if it is not in the Arabic language, except if it is not possible to pronounce the divorce formula in Arabic.
Q [7]  If one cannot pronounce the divorce formula in Arabic does he need to assign an agent (wakil) to do so?
No, it is not necessary, and if he is not able to pronounce it in Arabic, then in such a situation he may do so in another language.
Q [8]  If the court grants divorce to a couple, will this be acceptable as religious divorce?
If the divorce did not take place according to the Sharia, then in order for it to be valid it must be undertaken in the way prescribed by the Sharia, including pronouncing the formula of divorce. A written document is not sufficient.
Q [9]  If a man divorces his wife by saying: “If you want a divorce, here it is,” is this divorce valid? Do they require a marriage contract again to remarry?
Divorce has a number of conditions for it to be valid; one of them is the recitation of the divorce formula like “Anti Taliq” which means “you are divorced”. The recitation should be in the presence of two just witnesses. Another condition is that the woman should not be in her menstruation period.
If these conditions are met, the divorce is correct. If one of them is not met the divorce has not taken place and the woman is still his wife and she is not required a new contract in order to return to his marriage. She then can return to her husband without any doubt.
Q [10]  Ms. A knows she cannot have children and tells this to the man who wants to marry her, and the man still agrees to the marriage. They draw up a marriage contract where she stipulates that he must not divorce her unless she betrays him, commit adultery or he finds a more beautiful wife. Years later the man divorces her anyway on the grounds that she cannot have children. Is the divorce valid?
If the mentioned condition was part of the marriage contract, the divorce is not valid, i.e. void, and the woman is still his wife based on the mentioned details.

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