Fatwa ID: 05559

Answered by: Shaykh Ahmed Bin Mohamed Umarji

Question:

My wife and I have faced a few issues in the marriage and 2 divorces have taken place. My in-laws said that in order for my wife to feel safe, I should hand over the right of the final divorce to her so that she can enact it. They said this is Islamically allowed. I agreed to the condition as it was the only way to bring my wife home so that we could reconcile. A few days before she was due to come home her family convinced her to stay longer and in that time they convinced her to give the final divorce. Is this concept of handing over the right to the final divorce to the wife valid in the shariah? Does the final divorce she gave count?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

This concept is valid in shariah. It is known as Tafwid. Tafwid is when the husband gives his wife the right of applying for divorce herself.^[1][2]

Only Allah knows best

Written by Shaykh Ahmed Bin Mohamed Umarji

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

[1] Fatawa Darul Ulum Zakariyya Volume 4 Page 166

[2]إمّا أنْ يَكُونَ مُطْلَقًا وإمّا أنْ يَكُونَ مُؤَقَّتًا، فَإنْ كانَ مُطْلَقًابِأنْ قالَ: أمْرُكِ بِيَدِك فَشَرْطُ بَقاءِ حُكْمِهِ بَقاءُ المَجْلِسِ وهُوَ مَجْلِسُ عِلْمِها بِالتَّفْوِيضِ فَما دامَتْ فِي مَجْلِسِها فالأمْرُ بِيَدِها – بدائع الصنائع في ترتيب الشرائع –  دار الكتب العلمية – مجلد:3 صفحة: 113