Is it permissible to include this in the marriage contract?
And is this a matter of scholarly disagreement? The basic principle.
Authority over divorce is in the husband's hand, and that is why Allah, the Exalted and Blessed, never mentioned in His Book that the woman initiates divorce.
He says: "And the divorced women shall wait, And if you divorce them, If he divorces her," so divorce is always placed in the hand of.
the man, and it is never appropriate for divorce to be in the woman's hand. Rather, divorce is in the man's hand. But sometimes the husband may say to his wife,
he says: "Your matter is in your hand," and this is called delegation.
This is called delegation in divorce. He delegates to her, saying: your matter is in your hands, if you wish.
You can divorce yourself, or if you wish, you can stay with me. This is called delegation, just like when he delegates someone else.
He tells someone: divorce my wife after a month.
Or he tells you to divorce his wife. This is delegation.
They mention anecdotes that a man divorced.
He had four wives, so he divorced one. His second wife asked: why did you divorce her? He said: and you are divorced too.
She said to him: You divorced your wife? She said: And you too.
So he separated. He said: And you are the third.
So the fourth wife said to him: O so-and-so, he said: And you are divorced.
Then his neighbor's wife spoke.
She said: I have never seen anyone more foolish than you, divorcing four women in our time? He said: And if your husband appoints me as his agent, then you are divorced. That's it, I won't listen to her, divorced, divorced.
The important thing is that this is called agency, it's called agency in divorce, so sometimes the husband appoints the wife, he says: Your matter is in your hands.
If you wish, you can divorce yourself, and if you wish, you can stay.
So here, she says, "I divorced myself," she says, "I divorced myself," and this is valid here.
But it is not permissible to put a condition in the contract that the right of divorce is in her hand; the right of divorce is always in the man's hand.
But he can authorize her after that, he can authorize her to divorce herself, and it has been narrated from Ibn Abbas, may Allah be pleased with them both.
That a man authorized his wife to divorce herself, so she said to him, "You are divorced."
She divorced him, meaning, so Ibn Abbas said, "What a bad thing she said. Why didn't she divorce herself?"
Instead of divorcing her husband, she divorces herself. He says: Why didn't she say, "I divorced myself" instead of "I divorced my husband"? In any case, if he appoints her, that is allowed, yes.
Appointing someone, but as for the right of divorce, it is not valid at all to make it a condition in the contract.