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Rauofi R. An Examination of the Condition of Waiving the Husband’s Right to Divorce in Marriage Contracts from the Perspective of Hanafi Jurisprudence. SRQJL 2026; 3 (3) :118-134
URL: http://srqjl.knu.edu.af/article-1-98-en.html

Marriage is considered one of the divine traditions and the most fundamental social institutions in Islam, for which Islamic law has established specific rules and regulations to strengthen its foundation. One of the important issues in the marriage contract is the possibility of including stipulations within the contract—conditions that can serve to protect the rights of both parties, provided they do not conflict with the principles and essence of the contract. A common issue in contemporary societies is the stipulation of renouncing the husband’s right to divorce at the wife’s request within the marriage contract. The main focus of this study is to examine the legitimacy of such a condition from the perspective of Hanafi jurisprudence. This research employs a descriptive-analytical method and is based on written jurisprudential sources. The findings indicate that, from the Hanafi perspective, the condition of renouncing the husband’s right to divorce is considered invalid because divorce is a legal right granted by the sacred law to the husband, and no condition can preemptively deprive him of it. In addition to contradicting explicit religious texts, this stipulation is also regarded as invalid due to its inconsistency with the essence of the contract. According to the Hanafis, although such a condition is void and lacks any legal effect, it does not affect the validity of the marriage contract itself; only the stipulation is considered ineffective and non-binding.