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Old 08-16-2011, 02:16 AM   #15
heennaRaf

Join Date
Oct 2005
Posts
504
Senior Member
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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.
Thank you!

But when I say the wife has a right to divorce, I mean the same way a man can divorce his wife without having to go to a council..
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