talaq-e-tafweez

Arabic/Persian · ta-LAAK eh taf-WEEZ · Family and succession

Meaning. Delegated divorce: the husband's power of talaq delegated to the wife or a third person.

A Muslim husband may delegate his power to pronounce talaq to his wife or to someone else, either absolutely or on conditions. Delegation is often made in the nikahnama or by a separate agreement, for example authorising the wife to divorce herself if the husband takes a second wife, fails to maintain her, or deserts her. The conditions must be reasonable and not opposed to public policy.

When the wife exercises the power on the condition being met, the divorce takes effect as a talaq by the husband, and once made the delegation cannot be revoked by him. It is one of the few ways in which a Muslim wife can end the marriage without going to court.

Example

The nikahnama gave the wife power to divorce herself if her husband married again, so her pronouncement was a valid talaq-e-tafweez.

talaq-e-tafweez

Example

See also

Read more in the study notes