Did the husband delegate the Talaq to his wife in this situation

Fatwa ID: 02601

Answered by: Maulana Muhammad Afzal Hussain

Question

Aoa. I am confused about a situation that happened 9 years ago. In a fight, my husband said get yourself freed from me. He now doesn't remember what was his intention. He completely forgot. I am confused whether he gave me the right to divorce. I am totally unaware, but it happens with me that I keep pronouncing conditional divorces upon me in my heart. Is my marriage valid?

Answer

It is permissible for a man to delegate divorce to his wife after marriage. For example, if he says to her (after marriage), ‘divorce yourself or (with the intention of divorce) your matter is on your hands’, then it is permissible for her to divorce herself at that time or afterwards, based upon the time which he has specified. This is known as ‘Tafweed Talaq’. [See: Sarhul Wiqayah, vol: 2, Baab-al-Tafweed]

It is to be noted that, when the husband gives the right of divorce to the wife, she will only have this right in the session/sitting (Majlis) that she is in. If she did not exercise her right in that sitting, then this right will be cancelled. [See: Sarhul Wiqayah, vol: 2, Baab-al-Tafweed] This is the opinion of Ahnaaf, Ata bin Abu Rabah, Mujahid, Nakhi, Sufyan Al-Sawri and Sha’bi [See: Tafseer-e Mazhari, commentary on Ayath: 28 of Sura Ahzaab]

If your husband said ‘get yourself freed from me’ with the intention of divorce, it is now in vain as it has been 9 years on. According to Islam, the right to divorce belongs primarily to the husband and not to the wife. So, your pronouncement of divorce in your heart has no consequences at all, thus your marriage is valid without confusion.

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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