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Can a husband revoke a divorce from a person after he gives the power of divorce to that person?

Answered according to Hanafi Fiqh by TheMufti.com

Q. Can a husband revoke a divorce from a person after he gives the power of divorce to that person?


A. Although the husband has the primary right of issuing divorce to his wife, the husband may delegate the right of divorce to a third party for various reasons. The limitations of the delegation will be subject to the terms and conditions of the husband at the time of delegating the divorce to a third party. In an event of the husband delegating the right of divorce to a third party, the husband cannot revoke the delegated divorce. (Shaami 3/332)

Once the husband delegates the right of divorce to a third party, it does not mean that the husband cannot issue a divorce to his wife himself nor does it mean that the husband does not have the power to issue a divorce to his wife. The husband still retains the power of issuing divorce to his wife even after delegating it to a third party. (Fataawa Mahmoodiyyah 19/112)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

This answer was collected from TheMufti.com, which is a fatwa portal managed by Mufti Ismaeel Bassa from South Africa.

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