A husband giving up his right of divorce

18-9-2007 | IslamWeb

Question:

salam brother, brother i want to know if it is allowed for a man to surrender the right to pronounce verbale divorce when both of the husband and wife donot want to keep this verbal divorce right,so as not to destroy a loving marrige in a foolish anger.is it allowed for me to cancel my right for verbal divorce when my wife is also very happy with it.we have made a agreement between us that i cannot give her the verbal divorce.please guide us in light of islam, may Allah keep you safe, your brother in islam, mubasher.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

In principle, whoever has a right and wants to give it up, and he is eligible to give his right up, then he may do so provided such a right is among the rights that can be given up. However, divorce is not among such rights. If a man says, “I have given up my right of divorce” and then he divorces his wife then his divorce is effective, because if a husband utters the words of divorce it becomes effective, unless there is some impediment such as insanity, compulsion and the like.

Allaah Knows best.