Talaq-E-Tafweez
🔹 Meaning of Talaq-e-Tafweez
Tafweez means delegation. So, Talaq-e-Tafweez means the delegation of the right of divorce by the husband to the wife or another person. In Islam, primarily under Sunni Hanafi law, a husband has the unilateral right to pronounce talaq. However, under Talaq-e-Tafweez, he can transfer or assign this right, either before or after marriage.
This delegation does not mean the husband loses his own right to pronounce talaq. He retains it, but the delegated party (usually the wife) can also exercise the right when necessary.
🔹 Types of Delegation in Talaq-e-Tafweez
Ikhtiyar (Option):
The husband gives the wife the option to divorce herself.
Example: “If you want, you can divorce yourself.”
Amr-bi-Yad (Authority in Hand):
The authority to pronounce divorce is placed directly in the hands of the wife or a third person.
Example: “Your affair is in your hands.”
Mashiyyat (Discretion):
The wife can exercise the right at her own will.
It may be subject to conditions.
🔹 Conditions for Valid Talaq-e-Tafweez
The delegation must be made by a sane, adult Muslim husband.
It should be clear and unambiguous.
It may be:
Conditional (e.g., if the husband takes a second wife).
Unconditional (given to the wife at any time).
The wife must exercise the right properly (usually in front of witnesses).
It must not violate Shariah principles.
🔹 Case Law on Talaq-e-Tafweez
🧑⚖️ Mst. Fatima Bibi v. Qaisar Khan (PLD 1959 Lahore 566)
Facts:
In this case, the husband had delegated the right of divorce to the wife through the nikahnama (marriage contract). When the husband married another woman, the wife exercised her delegated right and divorced herself.
Held:
The court held that the delegation of divorce was valid, and the divorce pronounced by the wife under that delegated power was also valid.
🧑⚖️ Khawar Sultana v. Nawab Iftikhar Hussain (PLD 1950 Lahore 1)
Facts:
In this case, the delegation was made through the marriage contract. The wife exercised the right after certain conditions were violated.
Held:
The court upheld the validity of the delegated right, saying that Islamic law permits such delegation, and once exercised validly, it results in divorce.
🔹 Talaq-e-Tafweez and the Nikahnama (Marriage Contract)
In many countries, including Pakistan and India, the standard Nikahnama (marriage contract) includes a clause where the husband can delegate the right of divorce to the wife. Often this clause is left blank, but if filled in and signed, it holds legal and religious validity.
🔹 Importance and Purpose
Empowers women in patriarchal societies.
Acts as a safeguard against arbitrary or abusive talaq by the husband.
Provides balance in marital rights.
🔹 Shariah Validity
According to Hanafi fiqh, delegation of the right of talaq is permissible and has been recognized by classical jurists such as:
Imam Abu Hanifa
Imam Malik (with certain differences)
Al-Sarakhsi, in his book Al-Mabsut, validates it under clear conditions.
🔹 Limitations
Not recognized in all schools of Islamic thought equally.
Some Shia scholars may not accept it unless specific conditions are met.
Must be clearly stated and not implied.
✅ Conclusion
Talaq-e-Tafweez is a legally and religiously valid method in Islamic law allowing the wife (or a third party) to exercise the right of divorce, provided it is clearly delegated by the husband. It is a tool for ensuring fairness and security for women in marriage, especially in situations where they may be vulnerable to abuse or injustice.
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