Is there any way that wife can pronounce talaq on behalf of husband. Furthermore, is it possible to delegate the right of pronouncing talaq to wife and if so what is the right way of doing it.

Answer

According to Shariah the husband has the independent right to issue divorce. However, in certain situations the husband may hand over his autonomy of divorce to the wife. This in Shariah is called Tafweed at Talaaq.

There are three possible scenarios for handing over the right of divorce to the women.

a) Before the contract of Nikah

b) At the time of Nikah

c) After the performance of Nikah

In view of the above if the right of divorce is handed over to the women before the nikah it would be done in the following manner ?if I marry a certain women and I happen to violate certain conditions (put by the wife), I handover my autonomy of divorce to her.? If the right of divorce was handed over to the wife at the time of nikah it would be done in the following manner ?I accept so and so in my marriage on this condition that if I happen to violate certain conditions (set by the prospective wife) I hand over my right of issuing divorce to my wife.? Lastly if the right of divorce was handed over after the nikah it could be done in the following manner ?if I violate certain conditions I hand over my right of issuing divorce to my wife.?

Women are generally sensitive and make improper decisions when emotional. If a general autonomy of issuing divorce is handed over to the women, marriages will break on trivial and petty issues. We therefore advise that the husband and wife should agree on three independent people to whom the husband will handover the autonomy of divorce. These evaluators will administer the situation and according to the seriousness of the complaint issue the divorce or even deny to issue the divorce.(Alheelatun Najiza pgs. 19-27 Idaratul Maarif)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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