Did the husband delegate the divorce in this situation

Fatwa ID: 02600

Answered by: Maulana Muhammad Afzal Hussain

Question

My husband had divorced me back in Feb when he said I divorce you but we managed to reconcile but were not living together.
Recently this week I contacted him over the phone and I asked him to either come back home or end the relationship as its coming to three years he said he does not want to come back home or end the relationship and that I have the option of khula if I want to end the relationship

I said I do not want that option and as you do not want to stay with me you should take the decision or you can give me the right
He goes I give you right if that's what you want it's your choice I said I will take it

Then I said you might as well give me all the remaining rights and he goes you can take it and I go I will take all of them.
I did not directly say I want the right to divorce neither did my husband say I give you the right to divorce

Does this divorce count and have I used the 2 remaining divorces

Answer

The husband may delegate his right of divorce to his own wife to pronounce Talaq, which is called Talaq-e-Tafweez or delegated divorce. In delegated divorce, wife can only divorce herself in the same sitting or gathering where she has given the authority by her husband to pronounce the divorce. [See: Fatawa Alamghiree, vol: 3, page 68, publisher: Bangladesh Taj Company. Anwarud-Dirayah Sarhil Wiqayah, chapter: At-Tafweez] Your statement "I'll take it." The key word here is “I will”. This denotes future tense. Divorce does not occur with the mere utterance of future tense.

Therefore, the conclusion we can come to is only one divorce has been effected upon you and as that divorce was reconciled and no further divorces has occurred since then, you will still be considered as husband and wife.

Only Allah Knows Best

Written by Maulana Muhammad Afzal Hussain

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

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