وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا
لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً إِنَّ فِي
ذَلِكَ لَآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ (2130)
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.
Aljawad Islamic Society