Is the clause of “divorce due to maladjustment” in Nikah valid?
Question
There is a clause in Nikkah paper "If husband fails to supply her maintenance regularly or maladjustment between husband and wife then wife can divorce at any time". Can wife divorce her husband due to maladjustment? Reason for maladjustment is due to her past relationship with another man and she could not forget him.
If yes, what should be the process? Please note that she mentioned that her husband had no problem at all.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
In order for us to issue a ruling, forward us the actual clause as it appears in the contract.
You may forward the clause to admin@daruliftaa.net titled "Clarifications for Previous Query".
And Allah Ta’āla Knows Best
Arshad Ali
Student Darul Iftaa
Trinidad
Checked and Approved by,
Mufti Ebrahim Desai.
http://www.daruliftaa.net/
- Answered by
- Arshad Ali
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/27425
Fatawa SA: https://fatawa.co.za/fatwa/askimam-27425
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