Can the husband still give Talaq even though he has delegated the right of Talaq to his wife

Fatwa ID: 02397

Answered by: Mufti Mohammed Tosir Miah

Question:

Can the husband still give Talaq even though he has delegated the right of Talaq to his wife

Answer

بسم الله الرحمن الرحيم

The Sharia has allowed that the husband hand over this right of Talaq to his wife. In this case, instead of the man, the woman may issue a Talaq upon herself.

For the delegation of the Talaq to work the following conditions needs to be found:

  1. The wife must be well aware that she has been given the right of Talaq. (Fatawa Hindiyyah p.338 v.1)
  2. The wife must accept this right of Talaq in the same gathering where she is being made aware of it. (Bahrur Raaiq p.311 v.3)
  3. If the husband has specified a certain time period in which the wife has the choice of delegating the Talaq, then she is bound to that time period. After the lapsing of the said time period, her choice falls away. (Barur Raaiq, Ibid)
  4. The wife only has the right of use as much as was given to her by the husband. If she is given the choice of one Talaq, she cannot effect two or three.
  5. After giving the choice, the husband cannot revoke it nor can he cancel it. (Barur Raaiq, Ibid)
  6. By delegating the right to divorce, the husband still has a right to divorce his wife. (See Al-Ikhtiyar p.149 v.3)

The conclusion we can come to is that the husband still has the right of Talaq even though he has delegated the responsibility to his wife.

Only Allah Knows Best

Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

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