Is It Permissible To Delegate the Responsibility of Talaq to the Wife?

CategoriesDivorce [570]

Fatwa ID: 04839

 

Answered by: Mufti Mohammed Tosir Miah

 

Question

 

Is it permissible to delegate the responsibility of Talaq to the wife?

 

 

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

 

Answer

 

Imam Haskafi (RA) in his Durrul Mukhtar has stated, “If he makes Nikah with her upon this condition that the matter of (Talaq) is in her hands, then it will be valid and correct.”

 

However, Allamah Ibn Abideen Shami (RA) explains that this condition must be forthcoming from the woman and the husband will accept it. If this condition comes from the man that he will marry the woman on the condition that the matter of Talaq is in her hands, then this is invalid. In such a case, neither does the woman have the right of Talaq, nor will it be affected if it flows from her. (Raddul Muhtar p.667 v.2)

 

Regarding your question, the Sharia has allowed that the husband to hand over this right of Talaq to his wife. In this case, instead of the man, the woman may issue a Talaq upon herself.

 

For the delegation of the Talaq to work the following conditions needs to be found:

 

  1. The wife must be well aware that she has been given the right of Talaq. (Fatawa Hindiyyah p.338 v.1)
  2. The 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)
  3. If 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)
  4. The wife only has the right to use as much as was given to her by the husband. If she is given the choice of one Talaq, she cannot affect two or three.
  5. After giving the choice, the husband cannot revoke it nor can he cancel it. (Barur Raaiq, Ibid)

 

 

Only Allah Knows Best

Written by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham.

 

About the author