Delegating the Talaq

Fatwa ID: 02472

Answered by: Mufti Muhammad Adnan

Question:

In a fight my husband said get yourself freed from me. I didn't know these words can be the right to divorce. I keep on putting conditional divorces to myself in my heart knowing the fact that wife cannot pronounce divorce..moreover on that day my husband didn't mention any time. I want to know ,when I don't know whether it was right to divorce ,I put conditional divorce on myself, Does the divorce become valid.

Answer

بسم الله الرحمن الرحي

Delegating a Talaaq to someone else is called tafweedh ut talaaq. Tafweedh ut talaaq takes place when a condition is set and if it is not fulfilled,  the delegated person then has the right to issue a divorce. Having the right to divorce DOES NOT necessarily mean that the delegated person MUST issue a divorce.

Coming to your question, if your husband said “get yourself freed from me” it is not clear words to hand over the right to talaaq to you and we need to ask him what he intended with those words, if his intention was not to delegate the divorce to you then it will not be considered a delegation. Handing over the right to divorce is done with the words, or similar words, “if I violate this or that condition I hand over my right to divorce to my wife with 1 revocable divorce”. (Raddul Muhtaar, chapter of divorce)

Only Allah Knows Best

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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