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In the Name of God بسم الله
Rayhana80

Divorce grounds

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   On 2018-02-13 at 1:15 PM,  shouzan said: 

To Both of you, My Nikah contract made it impossible for me to divorce unless my husband asked. Because this was a condition he put into the contract with my father and i was not aware.

The husband does not need to put such a condition in the contract because he already has that right by default, unless he does something against the shari'a that gives the wife the right to divorce him without his consent.

 

   On 2018-02-13 at 1:15 PM,  shouzan said: 

You can include a woman can file for divorce into a nikah contract .

No, you can't. Please provide a fatwa from a marja' to prove your claim. Here is a fatwa from Imam Khamenei:

  Quote

Q: Can the wife stipulate in the marriage contract that she has the power to divorce the husband if he breaks one of the conditions? If yes, than if the husband broke a condition does he not have the power to revoke the divorce or contract anymore?

A: Divorce right can not be delegated to the wife [i.e. so that she divorces herself later on her behalf]. However, the husband can give his wife the power of attorney to divorce herself on his behalf if he does not abide by one of the terms mentioned within the marriage contract.

 

Please find in BOLD you clearly state a woman can't include a husband giving her permission to divorce. furthermore you state "The husband can give his wife power of attorney to divorce herself on his behalf IF HE DOESNT NOT ABIDE by one of the terms mentioned within the marriage contract." taking that into account i can only conclude that you believe a woman can ONLY divorce her husband (If power of attorney was given via Nikah contact) if he breaks a condition in the marriage contract. This is not what the two scholars were saying. If a man gives his wife power to Talaq she can do so for whatever reason she deems as reason. Just as a man can preform Talaq for whatever reason he deems fit. ie. this condition if placed into a marriage contract than gives the power of Talaq to the wife and she holds that power to divorce as she choses.

 

 

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16 minutes ago, rkazmi33 said:

If she cannot get divorce without his permission, then what is the point of having such clause? This definitely means that if you are shia woman, you are stuck in an abusive marriage for life unless a scholar, who has no idea what happens in your marriage behind closed doors, decides that your husband is abusive. If your husband is a successful narcissist liar, then you can forget about your freedom. It's better to not get married at all. I was told by a scholar 2 years ago that my divorce was final. It's not my problem if he made a mistake. I won't get married again, but I will never tell anyone that my divorce is not valid. 

Two leading Shia Scholars stated a woman can be given power of attorney by her husband to Talaq (Divorce) in the Nikah contract it is Valid and legal no mater if you live in a western country or islamic country. Nikah contracts are legally binding!

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11 hours ago, shouzan said:

a woman can be given power of attorney by her husband to Talaq (Divorce)

So in that case she would be pronouncing her own divorce? Divorcing herself ? 

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14 hours ago, starlight said:

So in that case she would be pronouncing her own divorce? Divorcing herself ? 

She would be pronouncing divorce on behalf of her husband for herself. she would have the right to do so because she was given power or attorney by her husband in their nikah contract. by a husband agreeing to this condition in the contract he than gives the right to Talaq when she choses to, on her husbands  behalf, therefore she requires NO reason or explanation for the divorce. It would be just as if Her husband himself had done it himself.

@Rayhana80

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1 hour ago, shouzan said:

She would be pronouncing divorce on behalf of her husband for herself. she would have the right to do so because she was given power or attorney by her husband in their nikah contract. by a husband agreeing to this condition in the contract he than gives the right to Talaq when she choses to, on her husbands  behalf, therefore she requires NO reason or explanation for the divorce. It would be just as if Her husband himself had done it himself.

@Rayhana80

But there are only few gentlemen who would give that liberty to their wives. With my husband it’s an everyday argument and he refuses. He says it’s haram to ask for divorce only on the basis of husband’s second marriage. 

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47 minutes ago, Rayhana80 said:

But there are only few gentlemen who would give that liberty to their wives. With my husband it’s an everyday argument and he refuses. He says it’s haram to ask for divorce only on the basis of husband’s second marriage. 

Of the types of irrevocable divorce is (khal’ie), i.e. at the instanceof the wife, who must pay a compensation to the husband. It is the caseof a wife who is unhappy with her husband, so much so that she resorts tothreatening that she will not grant him his matrimonial rights. This khali’edivorce can come about when the wife is determined to end the marriage. She can address the husband thus, “I absolve you of paying my dowry, providedthat you part company with me”. The husband can reply, in Arabic and inthe presence of two witnesses of unblemished character, “My wife, -statingher name- is divorced in return for the compensation she offered”, or “Xis divorced in return for - x - amount”.
* Do you have to mention the name of the wife here?
- If she was identifiable, i.e. being the only wife for instance, youmay choose not to mention her name.
* Is it all right if the compensation offered to the husband is anythingother than the dowry?
- Yes, it is in order.
* Can man and wife appoint proxies to carry out the divorce procedure?

https://www.sistani.org/english/book/49/2415/

The question is, do you @Rayhana80 really hate him to this extent? 

Edited by Irfani313

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