IslamQA

Conferring the right of talaaq to the wife

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: What is haq-e-talaaq. Can the husband give the wife the rights for divorce. Can he also issue it or only the wife can or both can?

Bismillaah

A: Talaaq is the sole right of the husband. It is not an intelligent thing for the husband to confer the right of talaaq to his wife. However, in the event where the husband gives his wife the right to issue the talaaq and the wife issues the talaaq, the talaaq will be valid.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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