Can a woman stipulate in marriage contract that she should also have the right to divorce ?
Assalam Walekum
If a woman want to stipulate that she should also have the right to divorce( Talaq) like men have , is the contract valid and is the condition of the contract valid . And can this contract be inforced .
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
Wa ‘alaykum us-salāmu wa-rahmatullāhi wa-barakātuh.
Respected sister,
Yes, a woman can stipulate this condition in her marriage contract. A marriage contract with this condition is valid and it can be enforced.
There is wisdom in Allah’s Subhanahu wa Ta’ala commandments and instructions. Allah jalla jalaluhu’s knowing his creation; Women who decide emotionally, gave men this right. Emotional decisions destroy society and life.
Marriage and family life is the foundation of society. A home has to be made a safe space for the man, the woman and their children.
Love, empathy and most importantly compromises let us conquer life challenges and carve a beautiful future out of those challenges for us in all walks of life; be it financial or domestic.
Some humans are cruel. Living with a cruel life partner goes against the philosophy of marriage. Hence the right to divorce has been given to Muslims men directly as man is more rational while women are given this right indirectly. To have the right to divorce stipulated in the marriage contract is one of these ways. There are many strict conditions governing this option. This right might be given temporarily or permanently.
If any woman gets this right, she must be bound to consult her male relatives and scholars to protect her and her family from destructive emotional decisions.
And Allah Ta’āla Knows Best