Sayyid: The statement is contradictory to the laws of Islam.

Sayyid: The statement is contradictory to the laws of Islam. Women in Islam are not considered as commodities or servants of any person —not to her father, husband, grandfather, uncle, or brother. She is an independent person, capable of maintaining her own identity, assets, and choices.

It is important to note that in the marriage contract the husband is commonly granted the divorce right; however, the husband may transfer his divorce right to be exercised by the wife as a stipulated clause in the marital agreement. Fatma: Do you mean to state that entitlement of divorce can be a stipulated clause in the marital contract? Sayyid: Undoubtedly, it may be a stipulated clause in the marital contract. There are four categories of divorce to consider.

Couples have the deciding factor on which clause they wish to use in their marital contract, should an unavoidable divorce occur: The right of divorce is inherently given to the husband, unless it is proven that the husband has become psychologically incompetent. In this case, the Islamic judge (al-hakim al-shar’i) would determine the divorce. The husband relinquishes his inherited divorce right and grants his wife the right of divorce.

Couples relinquish divorce procedures to the Islamic courts or an Islamic scholar/leader (imam). Right of divorce is equally given to both —the husband and wife. Let us discuss the third clause.

To be absolutely and entirely dependent upon an Islamic judge, who has no prior knowledge or is unfamiliar with the individuality of each couple, their lives, or affairs, and the fact that this individual is charged with the authority of issuing a decision that will ultimately alter one’s life, is somewhat unthinkable. Divorce is a personal matter in which only the parties involved can make the rightful decision that best suits their lives.

Similarly, the fourth clause, the right of divorce to be equally controlled by both parties, can be difficult to settle. Presuming one partner is set on divorce, and the other is set against it, then the marriage or divorce is at a standstill because both are equal in the decision-making. Contracting this type of divorce is not advisable. This leaves the two remaining clauses as options: either the inherited right remains with the husband, or the husband grants his divorce right to the wife.

As mentioned and discussed earlier, Islamic law (shar’i) would not advocate that the divorce right is given solely to the wife.