A Critical Analysis of Delegated Divorce under Pakistani and Islamic Law

Abstract

Islam gives the wife the authority to demand talaq, or separation from her husband, in order to dissolve the marriage. A Muslim spouse is free to use his right to divorce himself or to assign it to another person, such as his wife. Delegated divorce, or Talaq-e Tafweez, is the term for this. At the time of marriage or at any point thereafter, the wife is granted authority pursuant to a contract. There are two types of authority delegation: permanent and temporary, or only for a certain period of time. Even unconditional or conditional delegation is possible. However, in the event of conditional delegation, the terms must be acceptable and in line with Islamic beliefs. In these situations, the divorce proceeds in the same way as though the husband had issued the Talaq. If a woman is granted the ability to file for divorce, she may do it at her own choice and cannot be forced to do so. The husband may still pronounce the Talaq even though he has given up the right to file for divorce. Muslim jurists hold that a wife can request and get this privilege if her husband wishes to grant it to her orally or in writing at the time of nikah or afterwards. Once assigned, it cannot be revoked, and a woman has the ability to divorce herself after obtaining this power. But it's important to remember that this privilege has no bearing on a husband's ability to divorce his wife. The most effective tool a Muslim wife has to achieve her independence without the assistance of a court may be this type of delegated divorce.