The World Federation One Stop Fiqh

Ruling 2557

If a woman stipulates a condition in the marriage contract that she has the right to divorce in certain circumstances – for example, if her husband travels for a long time, or does not pay her expenses for six months, or is sentenced to a long imprisonment – then such a condition is invalid. However, if she stipulates a condition that in certain circumstances, or without any restriction or condition, she is to be his agent in being able to divorce herself, then such a condition is valid and her husband cannot later depose her of her agency (wikālah), and if she divorces herself the divorce is valid.