And from His Signs is that He Created for you spouses from yourselves
that you may find rest in them, and He Made cordiality and mercy to be
between you. Surely, in that there are Signs for a people who ponder
[30:21]
Q 1 what is the Islamic permanent marriage? An Islamic permanent
marriage is a contract voluntarily entered into for life, by
exchanging a verbal agreement or vows between the man and the woman,
one party initiates the contract and the other party accepts.
generally the divorce is the right of the husband only, the wife has
no such right, the Islamic divorce (Talaq) is an act done by husband
only towrds his wife.
while no divorce could be done by the wife, there is a way to have
equal rights, that is by adding a condition in a marriage contract
which will be explained in the following question Q 3 How both
husband and wife get equal rights of divorce? To add the following
condition in the marriage contract:
The wife becomes an attorney of divorce (delegate of power of
divorce) from her husband and to delegate a religious scholar to
carry out her divorce in a legitimate correct form, and this
attorney to be valid until an irrevocable divorce has been done.
which means in the first, second and third divorce,(if applicable)
He must not abolish the attorney meaning the form of an irrevocable
power of attorney. Q 4 In the case of adding this condition, can the
husband abolish the attorney? No, The husband can't abolish this
condition under any curcimstances. Q 5 Can I add other conditions?
you may add other conditions, however, they should be in some form
which could be explained by the religious scholar Q 6 I did not add
this conditions in the NIKAH, may I add it afterwards? Yes, but in
the case of an agreement of both parties, you and your husband, it
must be in a special form which could be done by a religious scholar
for you. Q 7 I do hate my husband, can you perform the Talaq?
unfortunately we cannot do it without a husband's authorisation
(WAKALAT) if the divorce was done without the (Wakalat), it would be
invalid in Islam. In this case you may ask the agency of Grand
Ayatollah (Marja who you follow) to help you out.
Sayed Alawi
