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**niemamczasu** · 08-16-2011, 02:09 AM

Thank you so much for replying.

So women can have the right to divorce their husbands, if they write it in their contracts. Obviously I understand that this is not advisable for various reasons etc. and as far as I'm aware the majority of women don't stipulate any conditions and yes polygamy has it's many advantages.

If a woman doesn't want the right of divorce however but only wants it, if her husband was to marry again, is this permissible? So she writes down: 'If you were to marry, only then I have the right of divorce'. Could such a condition be stipulated? I don't understand why it couldn't if the husband agrees?

Yes you can stipulate whatever you want as also mentioned by Ml. Thanwi in al-hilat al-najiza. And as Mawlana Thanwi stated, it can sometimes even be recommended if the husband refuses to give a divorce.

If the husband refuses than only a judge or a council can annul the contract, which Mawlana discusses in his book. Therefore he recommends delegating one divorce [tafwid al-talaq] to the wife’s party. If this would be done during the marriage contract, many problems would solve that may occur later on he says.

However, he does say it is betetr to stipulate exceptions to this condition. Like stating that together with the wife, 2 other persons should also agree with her divorce. In order to avoid any hasty decisions by the wife.

See: Ashraf Ali Thanwi, Hilat Najiza, (Karachi: Dar al-Isha‘at 1987) p. 33, 148.

08-16-2011, 02:09 AM	#14
niemamczasu Join Date Oct 2005 Posts 440 Senior Member	Thank you so much for replying. So women can have the right to divorce their husbands, if they write it in their contracts. Obviously I understand that this is not advisable for various reasons etc. and as far as I'm aware the majority of women don't stipulate any conditions and yes polygamy has it's many advantages. If a woman doesn't want the right of divorce however but only wants it, if her husband was to marry again, is this permissible? So she writes down: 'If you were to marry, only then I have the right of divorce'. Could such a condition be stipulated? I don't understand why it couldn't if the husband agrees? Yes you can stipulate whatever you want as also mentioned by Ml. Thanwi in al-hilat al-najiza. And as Mawlana Thanwi stated, it can sometimes even be recommended if the husband refuses to give a divorce. If the husband refuses than only a judge or a council can annul the contract, which Mawlana discusses in his book. Therefore he recommends delegating one divorce [tafwid al-talaq] to the wife’s party. If this would be done during the marriage contract, many problems would solve that may occur later on he says. However, he does say it is betetr to stipulate exceptions to this condition. Like stating that together with the wife, 2 other persons should also agree with her divorce. In order to avoid any hasty decisions by the wife. See: Ashraf Ali Thanwi, Hilat Najiza, (Karachi: Dar al-Isha‘at 1987) p. 33, 148.
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