Darul Uloom Trinidad & Tobago

Question:

As-salaamu Alaikum,

I wanted to find out about the concept of Talaq-i-Tafwid. That the man delegate the divorce to the wife. Is it something permissible? What about writing stipulations in the marriage contract?

Answer:

Wa Alaikumus Salaam,

It is permissible for a man to delegate divorce to his wife after marriage. For example, if he says to her (after marriage), ‘divorce yourself whenever you wish’, then it is permissible for her to divorce herself at that time or afterwards, based upon the time which he has specified or he had left permanent. This is known as ‘Tafweedh Talaq’. (Al Hidaya- Kitaab At Talaq- Kitabul Fatawa Vol. 5 Page 119-120).

It is to be noted that in this case, the wife will only have that ‘right of divorce’ which had been delegated to her. For example, if he gave her the right to divorce herself once, then she cannot do more than this. Even after delegating, the husband still has the right to divorce his wife.

With respect to writing stipulations of ‘Tafweedh’ in the marriage contract, if this takes place at the time of contracting the marriage,, then it will be permissible only when the woman (or her representative) initiates the marriage by offer (Ijaab) and then asked for the right to divorce herself. For example, if the woman says to the man, ‘I marry myself to you on the condition that I will have the right to divorce myself whenever I wish’ and the husband accepts this, then this will be permissible. However, if the husband initiates the marriage, then the wife will not have the right to divorce herself after the marriage.

In a case where a woman seeks the Tafweedh before she entered the marriage, then this will be permissible if the husband (to be) connects the Tafweedh (right of divorce) to the marriage. If this is not done, then the right of delegating the divorce to the wife will not be valid, and hence, the woman will not be allowed to divorce herself.

For example, if the man says to the (intended wife who wants to marry him but seeks the right to divorce herself after marriage), “If I marry you, then you have the right to divorce yourself’, then this will be valid and permissible.

If the husband did not attribute the Tafweedh to the marriage then it will not be valid.

(Raddul Muhtar. Imdadul Muftieen Vol. 2 Page 639).

And Allah Knows best
Mufti Waseem Khan

26/03/2013