Fatwa #841926 April 2003United States of America
Can a man give a option of divorce (tafweed) before the aqd of nikah?
Answer
If the wife to be makes the condition that ?she will only marry him if she has the right of divorce and is able to enforce the divorce whenever she wishes to do so? and the husband to be accepts this, then this will be correct.
On the contrary, if the man makes this kind of an offer and the wife accepts, in this instance, the wife will not have the right to effect the divorce as she pleases. (Shaami vol.3 pg.329; HM Saeed and Bahrul Raaiq vol.3 pg.318; Rashidiyya)
and Allah Ta'ala Knows Best
Moulana Muhammad ibn Moulana Haroon Abassommar
FACULTY OF SPECIALTY IN HADITH
CHECKED AND APPROVED: Mufti Ebrahim Desai
On the contrary, if the man makes this kind of an offer and the wife accepts, in this instance, the wife will not have the right to effect the divorce as she pleases. (Shaami vol.3 pg.329; HM Saeed and Bahrul Raaiq vol.3 pg.318; Rashidiyya)
and Allah Ta'ala Knows Best
Moulana Muhammad ibn Moulana Haroon Abassommar
FACULTY OF SPECIALTY IN HADITH
CHECKED AND APPROVED: Mufti Ebrahim Desai