Fatwa: # 43103
Category: Divorce (Talaaq)
Date: 4th September 2019


Delegating Talaq


As Salaamu Alikum, 1. If I delegate the right of divorce to my wife one of the conditions is that she has to accept it within that same session (majlis) that she is in. However, if she has no knowledge or is ignorant of the fact that the husband can delegate to her the right of divorce and even in that moment considers such a delegation as baatil and says considering the whole thing in her mind as baatil “I divorce myself” will the divorce be considered? 2. If the divorce is considered than will it be a Talaaq-e-Rajie or a Talaaq-e-Baain? 3. If Talaaq-e-Baain and I take her back thinking it is Talaaq-e-Rajie and a year passes and I give her another talaaq. Will the second talaaq take place? Looking forward to your reply. Jazakullahu Khairan.


In the Name of Allah, the Most Gracious, the Most Merciful. 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Brother in Islam,

In order for us to advise you, we require clarification on the following:

  1. What was the exact statement made by the husband for the delegation of Talaq?
  2. Did your wife vocalise the sentence “I divorce myself” or was this in her mind?
  3. If she had vocalized this sentence, did she utter this sentence in the same sitting or was it afterwards?
  4. Why does your wife view this delegation as baatil? Furthermore, if she sees it as baatil, why did she reply with “I divorce myself”?

You may reply to us on: admin@daruliftaa.net Ref: Mirza-Zain Baig

And Allah Ta’āla Knows Best

Mirza-Zain Ibn Ameer Baig

Student - Darul Iftaa

Montréal, Québec, Canada

Checked and Approved by,

Mufti Ebrahim Desai.


02-01-1441| 03-09-2019


DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]