Can a Woman Divorce Herself Without Being Delegated the Right to Do So?
Answered by Mawlana Ilyas Patel
Question
If a woman says that she drinks alcohol again while she does not have the authority to divorce, this marriage will be over, and months later, if the man gives the general authority to the woman and then the man drinks alcohol, will this be talaq? Or is it invalid because the woman said this when she had no authority?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
The divorce will be invalid because she has no authority. You cannot give yourself divorce unless it is assigned and delegated to you.
Delegation of Divorce
In principle, the husband holds the power to initiate a divorce. He can delegate this authority to his wife or a third party, with or without specific conditions. Once this power has been delegated, it cannot be revoked or withdrawn. This is known in the Fiqh terminology as “Tafwid.”
In this type of divorce, the husband gives the wife or another designated person the authority to initiate the divorce. This right can be exercised under specific conditions outlined in the agreement, ensuring clarity and mutual consent.
[Ibn ‘Abidin, Radd al-Muhtar]
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
