What If the right of Divorce is given to woman in Nikah?
Question
A girl (A) married to a boy (B), It was stipulated with the agreement of both parties that the boy gave the right of three divorce to the girl, and the boy and his witness signed the marriage paper.
After that it was proven that the boy was a not good person, He had wrong relations with a girl and married her secretly.
Can the girl give divorce according to shariya?
Answer by Shaykh Zubair Ali Zai Rahimaullah
Yes!! In this case she can use her right of divorce because of the order “You affair is in your hand” so that she can be free from the bad husband. Sayyeduna Abdullah bin Masood ra said:
“If a man says to his wife: Your affair is in your hand or May you be successful in your affair or he give this (right) to the household of the girl and they accept that. Then this is a (divorce) Baa`in (the thing which can end the marriage).” [Al Mu`ajam al Kabeer at-Tabrani 9/379 hadith 9267 with hasan chain]
It is narrated by Abu Hilal al Atki (the trustworthy) May Allah have mercy on him that he came to (Sayyeduna) Uthman May Allah be please with him in a delegation, and asked.
“A person gave a right to his wife”
He replied
“The right of the girl is with her” [al Musannaf Ibn Abi Shayba 5/56 hadith 18071, the chain is authentic, Sunan Saeed bin Mansoor 1/372 hadeeth 1615]
Sayyeduna Abdullah bin Umar May Allah be please with him was asked regarding a person who gave the right to his wife, He replied: Whatever that woman will say the judgment will be on on that, then if they reject each other then the Man will be given qasam” [Musannaf Ibn Abi Shayba Nuskha Muhammad Awamah 9/851 hadeeth 18388 with authentic chain, see also Sunan Saeed bin Mansoor 1/373 hadeeth 1620 with authentic chain]
In this case this right is written with the signs of the husband and the witnesses so there is no way of rejecting in it.
Imam Malik and Imam Ahmad had same opinion that whatever the woman say, the judgment will be on that. [see Sunan at-Tirmidhee no. 1178]
According to these athaar the judgment is that if this woman gives three divorces to herself in three tuhar, then the divorce will count and they will be separated. [al Hadith no. 105 pages 10-11]