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Islamic Q and A (07 Sep 2019 NewAgeIslam.Com)



What is Delegated Divorce (Talaq-e-Tafweez or Talaq-e-Tafwid)?


By Kaniz Fatma, New Age Islam

07 September 2019

Talaq means to divorce and Tafwid or Tafweez means to delegate. In Islam a husband can delegate the right of divorce to his wife or any third person.  This delegated divorce is known as Talaq-e-Tafweez also spelt as Talaq-i-Tafwid. This delegation can be made at the time of marriage by way of a prenuptial agreement, with or without conditions.

The scholars say that the parents of a woman can secure this right for their daughter at the time of drawing up her marriage contract, if they fear their daughter would not be safe or mistreated in her in-laws’ house in future.

This delegation (Tafwid) can be made either before or after the marriage. Through this delegated divorce generally inserted in as a prenuptial clause in the marriage contract or Nikahnama gets the right of pronouncing divorce upon herself.

By the delegated divorce it does not mean that the woman will give divorce to her husband. Instead it means that she has the delegated right of pronouncing Talaq upon herself. For example, if a woman who has been delegated the power of divorce says, “I am divorced” or “I divorced myself”, this divorce will take effect, contrary to the effect of her saying “I divorced you” (whereby it will not take effect) because it is a wife that can be divorced and not a husband. (Haskafi, Durr al-Mukhtar p.181)    

Imam Fakhruddin Hassan Bin Mansur al-Uzjandli al-Farghani known as Qazi Khan (d. 592 H.) says, “And if a man says to his wife, “the authority to divorce yourself is in your hand as often as you please;” the authority shall be in her hands to divorce herself as often as she pleases until the number three is completed” (Fatawa Qazi Khan trans. by Maulvi Mahmood Yusoof and Maulvi Wilayat Hussain, vol. 2, p.258)

Imam Alauddin Haskafi writes, “If a person says (to another) “give your daughter to me in marriage, on the condition that the right of repudiation will remain in your hand” and the girl’s father accepts, the right will not vest in the father, because the power is delegated before the marriage” (Alauddin Haskafi, Durr al-Mukhtar trans. by B.M. Dayal, 1913 edition. p.11)

Allama Haskafi also says, “The Delegation of divorce refers to the assignment of a power. It is not an agency, and therefore the husband cannot retract from it; so much so that if he gives her [such authority], and then swears that he will not divorce her, but she divorces herself, according to the most approved opinion, the husband shall not be treated as guilty of breaking his oath.” (Durr al-Mukhtar (trans. by B.M. Dayal; 1913, p. 172)

It can be stipulated in the Tafweez agreement that if the husband fails to pay her maintenance or marries to a second wife, the wife will have the liberty to divorce herself from her husband. If the delegation is conditional, the woman cannot exercise the power of pronouncing Talaq upon herself, until that condition is fulfilled. The conditions must be reasonable and not be against the teachings of Islam and public policy.

URL: http://www.newageislam.com/islamic-q-and-a/kaniz-fatma,-new-age-islam/what-is-delegated-divorce-(talaq-e-tafweez-or-talaq-e-tafwid)?/d/119683

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TOTAL COMMENTS:-   17


  • The simple rule is that something which is not prohibited by Islam cannot be called Un-Islamic.
    Talaq-e-Tafwiz is not rejected by Islam so it cannot be called Un-Islamic. 
    you may disagree with the mainstream Muslims and accepted scholars who unanimously agree that everything in its essence is lawful as long as it does not go against the spirit of Islam or its teachings. 
    That is why I endorse the article of Miss Kaniz Fatma. 

    By Huzaifa - 9/13/2019 3:55:07 AM



  • Reform is easy, when we do not call man-made fiq Islamic.
    What is Islamic is applicable universally to all followers of the Quran.
    Hanafi fiq is applicable only to those who subscribe to it or to his followers alone.
    Likewise the fiq of other imams and their followers.
    Fiq being man-made, is always subject to reform and change.
    By Naseer Ahmed - 9/12/2019 3:36:53 AM



  • Man made fiq may take into account what is permissible and what is prohibited in the Quran. Such fiq remains man-made subject to criticism, change, rejection, acceptance etc. or subject to special conditions. This can never become universally applicable or implementable.
    What we can call Islamic, is the authentic, undiluted, unembellished direct and literal meaning of a Quranic injunction that is eternally and universally applicable.
    Unislamic instantaneous triple talaq is one such man-made fiq that was considered to be Islamic and therefore both valid and unchangeable while it was only customary law although very clearly and demonstrably against the letter of the Quran.
    What Muslims do, their customs and even their fiq is not necessarily Islamic.

    By Naseer Ahmed - 9/11/2019 7:21:04 AM



  • Then if both the parties agree to marry for two days or two hours it will also be valid according to this principle. For A marriage to be Islamic or Quran supported it has to be intended for life and not for temporary merrymaking.  Nasaeaear sb is right that both the parties can add any clause in the nikahnama for marriage or divorce but it is to be called Islamic it should be Quranic.
    By Arshad - 9/11/2019 5:45:49 AM



  • The following is the extract from the above first paragraph:
    In Islam a husband can delegate the right of divorce to his wife or any third person.  This delegated divorce is known as Talaq-e-Tafweez also spelt as Talaq-i-Tafwid. This delegation can be made at the time of marriage by way of a prenuptial agreement, with or without conditions.
    The phrase, in Islam a husband can delegate the right of divorce to his wife or third person, here might imply she has no right to divorce until the right is given to her and yet her husband can exercise his right to divorce her.  This practice is against Quran 2:228 that demands equal rights between husbands and wives.  To have equal rights, if men are given with right to divorce, women should have given the same right to divorce their husbands.  If women have to be delegated with rights from their husbands to divorce then they could divorce, husbands have to be treated the same rights as they treat them that their husbands have to be delegated with rights from these women then they could divorce from these women.
    Bear in mind, Quran 2:228 requires equal or fairness.  What one treats a woman, he should be treated the same way as woman treats him.  If he refuses to give right to woman to divorce, he is on the other hand not given with right to divorce too.  Everything has to be equal instead of citing men alone.

    By zuma - 9/10/2019 11:18:55 PM



  • The comment by Imam Alauddin Haskafi seemed to contradict against Quran 4:19.
    The extract below is from Imam Alauddin Haskafi:
    Imam Alauddin Haskafi writes, “If a person says (to another) “give your daughter to me in marriage, on the condition that the right of repudiation will remain in your hand” and the girl’s father accepts, the right will not vest in the father, because the power is delegated before the marriage” (Alauddin Haskafi, Durr al-Mukhtar trans. by B.M. Dayal, 1913 edition. p.11)
    Nothing is stated in his comment that permission from the girl has to be sought and this poor girl seems to transfer from one person to another as a dealing with the consent by her father and nothing is mentioned whether he did approach her for her permission whether she does agree with it.  However, Quran 4:19 demands permission from her has to be sought.  The following is the extracted Quranic verse:
    An-Nisa (The Women) 4:19
     Basit -   Hussari -   Minshawi -
    يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا
    4:19 O YOU who have attained to faith! It is not lawful for you to [try to] become heirs to your wives [by holding onto them] against their will; [17] and neither shall you keep them under constraint with a view to taking away anything of what you may have given them, unless it be that they have become guilty, in an obvious man­ner, of immoral conduct. [18] And consort with your wives [19] in a goodly manner; for if you dislike them, it may well be that you dislike something which God might yet make a source of [20] abundant good.
     Ya ayyuha allatheena amanoo la yahillu lakum an tarithoo alnnisaa karhan wala taAAduloohunna litathhaboo bibaAAdi ma ataytumoohunna illa an yateena bifahishatin mubayyinatin waAAashiroohunna bialmaAAroofi fain karihtumoohunna faAAasa an takrahoo shayan wayajAAala Allahu feehi khayran katheeran
    The phrase, it is not lawful for you to..become heirs to your wives..against their will, as mentioned here implies none should do things that are against the will of women.  If this poor woman does not has the desire to marry to that man, there is no way for her father to force her to marry to another person that she does not like, since this verse forbids her father to act contrarily against her will, if her will is not to have that person to be her husband.  Even if her father wants her to divorce from another person, he has to seek her permission in order to avoid to go against her will.
    By zuma - 9/10/2019 11:00:54 PM



  • As Quran 2:228 mentions women and men have equal rights, triple talaq from women should be rejected if men could not accept triple talaq to be exercised from women.  This is due to women should be given the right to exercise triple talaq if men insist to have triple talaq among them.  Women can reject any men they dislike to marry by triple talaq too according to Quran 2:228.  Equal rights among men and women.
    By zuma - 9/10/2019 4:47:05 PM



  • According to Quran 2:228, both the rights of wives and husbands are equal.  The following is the extract:
    Al-Baqara (The Cow) - 2:228  [read in context]
    وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللّهِ وَالْيَوْمِ الآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللّهُ عَزِيزٌ حَكُيمٌ (2:228)
    Basit -   Hussari -   Minshawi -  f
    Waalmutallaqatu yatarabbasna bianfusihinna thalathata qurooin wala yahillu lahunna an yaktumna ma khalaqa Allahu fee arhamihinna in kunna yuminna biAllahi waalyawmi alakhiri wabuAAoolatuhunna ahaqqu biraddihinna fee thalika in aradoo islahan walahunna mithlu allathee AAalayhinna bialmaAAroofi walilrrijali AAalayhinna darajatun waAllahu AAazeezun hakeemun
    Topics discussed in this Verse:
    [Allah's attributes:Exalted in Power and Might] [Allah's attributes:Wise] [Divorce]
    And the divorced women shall undergo, without remarrying, [214] a waiting-period of three monthly courses: for it is not lawful for them to conceal what God may have created in their wombs, [215] if they believe in God and the Last Day. And during this period their HUSBANDs are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives [with regard to their husbands] are equal to the [husbands'] rights with regard to them, although men have precedence over them [in this respect]. [216] And God is almighty, wise. - 2:228 (Asad)
    The phrase, the rights of the wives [with regard to their husbands] are equal to the [husbands'] righs, as mentioned above implies wives should have the same rights as husbands.  For instance, if husbands have given the right to proclaim triple talaq, the wives should have to be give with triple talaq too.  What if talaq has to be given to husbands, talaq has to be given to husbands too.  If a right of a woman has to be given by her husband in order for her to have talaq, the right between them will be unequal, unless a right of her husband for talaq has also to be given by her wife, then both the rights are equal.
    By zuma - 9/10/2019 2:16:21 PM



  • Yes Talaq Tafwiz is a right that can be given to woman by her husband.
    I have two questions;
    What is the proof from either of the Quran and Hadith? 
    Second: what is the proof that the Quran does not accept the right of Talaq Tafwiz given to a woman by her husband? 

    By GGS - 9/10/2019 5:50:38 AM



  • Wearing pants, flying in an aeroplane etc are neither Islamic nor non-Islamic. The religion is neutral to everything that does not find a mention in the Book.
    As per the Quran, marriage is a Civil contract. In a contract, the parties to the contract are free to add clauses that they would like to have. If they choose to have a clause of "delegated divorce", this clause may not violate the Quran but neither can it be called Islamic just as wearing pants can neither be called Islamic nor non-Islamic.
    My point is that when you use the word Islamic, make sure that it finds direct support in the Quran. All that you can say is that "delegated divorce" is not unislamic. To say that it is Islamic is to falsely imply that it finds direct support in the Quran.
    By Naseer Ahmed - 9/10/2019 12:59:37 AM



  • When one article was published on shirk and taweez Ghulam Rasul sb had commented why this article was published in NAI because he thought it was not accordance with the Quranic spirit. When NAI made the news of marriage of two Lesbians, being a journalist I had commented that NAI should not give prominence to such news. Was it wring on my part or on GR's part?. A reader has the right to say that such an article was not in line with the policy of NAI and so it should not have been lublished. Sultan Shahin sb may or may not take the advice. But the comment of readers do help the editor in maintaining balance in it's policy. I may agree or disagree with the views expressed in an article. That's what is the purpose of comments box. There are many who disagree with my views in .y articles. Only saying that NAI should not publish an article not corroborated by the Quran or Hadith does not prove one kafir worthy to be killed. Yes the person who reacts in this way demonstrates his own intolerant temperament. 
    Yes I keep writing articles after articles and am proud of the fact that N Islamic s holar and journalist oftstature of Mr Sultan Shahin has approved and published my writings. And inshallah I will write more against the wishes of the hasids.
    Naseer sb or I do not say that since airplane is not mentioned in the Quran Muslims should not fly in an airplane or since pants and shirt are not me tioned in the Quran Muslims should not wear them. We say that if Talaq is discussed in an article, the views expressed on Talaq should have corroboration from Quran and Hadith. The authors does not give reference from Quran. She only writes 'the scholars say'. The Peace TV scholar said that Ibne Abdul Wahhab and other scholars agree that the punishment for magic is death. He did not give reference from the Quran and Hadith. Are scholars above Quran and hadith.?
    This is the attitude that caused severe damage to Islam. We have abandoned Quran and Sunnah and idolised scholars. 'This guy Arshad sb' gives Quran and Sunnah preference while discussing issues and Ithink that's not a sin.

    By Arshad - 9/8/2019 10:40:24 PM



  • Our divorce laws must be formulated by our best jurists and legislators. All that the Quran requires is that our laws be fair and just.


    By Ghulam Mohiyuddin - 9/8/2019 11:51:51 AM



  • I agree with you Kaniz Fatma. A woman can ask his husband for the right of delegated divorce. 
    By Ayesha - 9/8/2019 3:41:01 AM



  • Naseer sb,
    The Quran does not say that What Naseer sb says in the Quran is in the Quran and what is not in the Quran is not in the Quran. 
    According to your understanding, it results that wearing pant shirt is not in the Quran so it is not Islam according to you then you are doing against Islam. 
    This means that your understanding of the Quran is extremely limited and none would like to pay attention to your tall talk. 
    You can write many things outdated and even without helpful. 
    I always see one guy Arshad sb always suggesting NAI that what or what not it should publish.
    How much bigotry is hidden in this man is understood by his repeated demands. 
    Shall an Indian who does not agree with another Indian demand that he should be expelled from India because his ideas do not conform to his own ideas which too are not supported by others.
    He writes articles after articles against Intolerance and extremism but all attributions of Intolerance are hidden in himself 

    By Huzaifa - 9/8/2019 3:37:48 AM



  • @Arshad sb
    Could you share the link of that article here? 

    By Sohail - 9/8/2019 3:24:13 AM



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