Delegating Talaq

Answered according to Hanafi Fiqh by Askimam.org

As Salaamu Alikum, 1. If I delegate the right of divorce to my wife one of the conditions is that she has to accept it within that same session (majlis) that she is in. However, if she has no knowledge or is ignorant of the fact that the husband can delegate to her the right of divorce and even in that moment considers such a delegation as baatil and says considering the whole thing in her mind as baatil “I divorce myself” will the divorce be considered? 2. If the divorce is considered than will it be a Talaaq-e-Rajie or a Talaaq-e-Baain? 3. If Talaaq-e-Baain and I take her back thinking it is Talaaq-e-Rajie and a year passes and I give her another talaaq. Will the second talaaq take place? Looking forward to your reply. Jazakullahu Khairan.

Answer

In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Brother in Islam,

In order for us to advise you, we require clarification on the following:

  1. What was the exact statement made by the husband for the delegation of Talaq?
  2. Did your wife vocalise the sentence “I divorce myself” or was this in her mind?
  3. If she had vocalized this sentence, did she utter this sentence in the same sitting or was it afterwards?
  4. Why does your wife view this delegation as baatil? Furthermore, if she sees it as baatil, why did she reply with “I divorce myself”?

You may reply to us on: [email protected] Ref: Mirza-Zain Baig

And Allah Ta’āla Knows Best

Mirza-Zain Ibn Ameer Baig

Student – Darul Iftaa

Montréal, Québec, Canada

Checked and Approved by,

Mufti Ebrahim Desai.

 

02-01-1441| 03-09-2019

 

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