{"id":9868,"date":"2018-02-07T18:05:34","date_gmt":"2018-02-07T18:05:34","guid":{"rendered":"http:\/\/daruliftabirmingham.co.uk\/?p=9868"},"modified":"2018-02-07T18:05:34","modified_gmt":"2018-02-07T18:05:34","slug":"can-the-husband-still-give-talaq-even-though-he-has-delegated-the-right-of-talaq-to-his-wife","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/can-the-husband-still-give-talaq-even-though-he-has-delegated-the-right-of-talaq-to-his-wife\/","title":{"rendered":"Can the husband still give Talaq even though he has delegated the right of Talaq to his wife"},"content":{"rendered":"

\n\tFatwa ID: 02397<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tAnswered by:<\/strong> Mufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

\n\tQuestion:<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tCan the husband still give Talaq even though he has delegated the right of Talaq to his wife<\/span><\/span><\/span>\n<\/p>\n

\n\tAnswer<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\t\u0628\u0633\u0645 \u0627\u0644\u0644\u0647 \u0627\u0644\u0631\u062d\u0645\u0646 \u0627\u0644\u0631\u062d\u064a\u0645<\/strong><\/span><\/span><\/span>\n<\/p>\n

\n\tThe 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.<\/span><\/span><\/span>\n<\/p>\n

\n\tFor the delegation of the Talaq to work the following conditions needs to be found:<\/span><\/span><\/span>\n<\/p>\n

    \n
  1. \n\t\tThe wife must be well aware that she has been given the right of Talaq. (Fatawa Hindiyyah p.338 v.1)<\/span><\/span><\/span>\n\t<\/li>\n
  2. \n\t\tThe 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)<\/span><\/span><\/span>\n\t<\/li>\n
  3. \n\t\tIf 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)<\/span><\/span><\/span>\n\t<\/li>\n
  4. \n\t\tThe 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.<\/span><\/span><\/span>\n\t<\/li>\n
  5. \n\t\tAfter giving the choice, the husband cannot revoke it nor can he cancel it. (Barur Raaiq, Ibid)<\/span><\/span><\/span>\n\t<\/li>\n
  6. \n\t\tBy delegating the right to divorce, the husband still has a right to divorce his wife.<\/strong> (See Al-Ikhtiyar p.149 v.3)<\/span><\/span><\/span>\n\t<\/li>\n<\/ol>\n

    \n\tThe 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.<\/span><\/span><\/span>\n<\/p>\n

    \n\tOnly Allah Knows Best<\/span><\/span><\/span>\n<\/p>\n

    \n\tMufti Mohammed Tosir Miah<\/span><\/span><\/span>\n<\/p>\n

    \n\tDarul Ifta Birmingham.<\/span><\/span><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

    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…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9868"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=9868"}],"version-history":[{"count":1,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9868\/revisions"}],"predecessor-version":[{"id":9869,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/9868\/revisions\/9869"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=9868"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=9868"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=9868"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}