AskImamDarul Iftaa Mahmudiyyah (AskImam)

Is the clause of “divorce due to maladjustment” in Nikah valid?

· 2 Muharram 1435 AH1 min readFatwa 27425English
Marriage & DivorceDivorce (Talaaq)

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
Ask AskImam

Fatawa SA is an independent, read-only index of fatawa already published by Darul Iftaa Mahmudiyyah (AskImam). It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.