Giving the wife the choice to apply for divorce

Q: If a husband and wife sign the following agreement "If (husband) ever hits or abuses (wife), (wife) can apply for a court divorce" The husband hits the wife after that but not hard and verbally abuses the wife but she does not want to apply for a court divorce. Does divorce take place?

A: No divorce has taken place.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)