its annulment. Furthermore, if it were an invalidation of her right, it would not take effect even if she did not choose annulment, just as the buyer's disposal of the sold item is not valid during the option period, regardless of whether the seller annuls or does not annul the sale. This applies when the divorce is irrevocable; if it is revocable, her option does not lapse, as we have mentioned in the section before this one. Thus, according to their view, if he divorces her before consummation, then she chooses annulment, her dowry lapses because she becomes separated by the annulment. If she does not annul it, then she is entitled to half the dowry because she became separated by the divorce. [The same applies if she apostatizes, or if a non-Muslim woman converts to Islam].

Section: An emancipated woman may perform an annulment without a judge's ruling, because it is a matter upon which there is consensus and which is not a subject of ijtihad; therefore, it does not require a judge, similar to returning a sold item due to a defect. This is unlike [the option for defect] in marriage, for that is a subject of ijtihad, so it requires a judge's ruling, like annulment due to insolvency.

Section: When the emancipated woman chooses separation, it is an annulment [not a divorce]. Abu Hanifa, al-Thawri, al-Hasan ibn Hayy, and al-Shafi'i held this view. Malik, al-Awza'i, and al-Layth held that it is an irrevocable divorce. Malik said: Unless she divorces herself three times, in which case three divorces occur. He argued for this using the story of Zabra', who divorced herself three times, and we have no record of any of the Companions denouncing that. Furthermore, she possesses the power to separate, so she possesses the power to divorce, like a man. Our argument is the saying of the Prophet (may the peace and blessings of Allah be upon him): "Divorce belongs to the one who takes hold of the shank." Moreover, it is a separation initiated by the wife, so it is an annulment, just as in the case where their religions differ or if she suckles someone whose marriage to her would be annulled by that breastfeeding. The act of Zabra' is not a proof, and it is not established that it was widespread among the Companions. Based on this, if she said: "I have chosen myself," or "I have annulled the marriage," it is annulled.