The right to divorce in Islamic law is commonly known as an exclusive right of the husband. However, a lesser-known yet significant provision allows a wife to obtain a divorce through Talaq-e-Tafweez—a right delegated to her by the husband at the time of marriage.
This right, if granted in the Nikahnama, allows the wife to dissolve her marriage by divorcing herself without requiring the husband’s consent. It is recognized in both Sunni and Shia school of thoughts.
Talaq-e-Tafweez or delegated right of divorce is also holds legal sanction under Section 8 of the Muslim Family Laws Ordinance, 196, as well as it is a mandatory column i.e., Column No. 18 to be filled in nikahnama (Marriage contract). It differs from Khula that requires court intervention.
Meaning of Talaq-e-Tafweez
The literal meaning of Talaq-e-Tafweez (طلاقِ تفویض) is “delegated divorce” or “delegation of the right to divorce.”
As the meaning tells us: طلاقِ تفویض
- طلاق (Talaq): Divorce
- تفویض (Tafweez): Delegation, entrustment, or authorization
It refers to the right granted by a husband to his wife in the Nikahnama, giving wife a power to to pronounce divorce on herself, either unconditional or under specified conditions.
What is Talaq-e-Tafweez?
Talaq-e-Tafweez is the husband’s right to pronounce divorce delegated to the wife. the wife using this right can divorce herself. This delegation is recorded in Column 18 and 19 of a Nikahnama, that the wife may divorce herself whether conditional or unconditional.
A wife, upon being granted the right of divorce or Talaq-e-Tafweez, can use this right and it does not classify as Khula. A wife’s pronouncement of divorce through Talaq-e-Tafweez is legally binding after the 90-day notice period required by the Muslim Family Laws Ordinance, 1961. Reliance is placed on case cited as 2013 CLC 1625.
Talaq-e-Tafweez in Islam
Both major school of thoughts, Sunni and Shia, acknowledges the husband has the authority to delegate the right of divorce to the wife. The wife can divorce herself without requiring his permission if the right is granted in the Nikahnama.
Talaq-e-Tafweez in Pakistan
Talaq-e-Tafweez is legally recognized in Pakistan, specifically, under Section 7 and 8 of the Muslim Family Laws Ordinance, 1961. There is a mandatory column i.e., column No. 18 of Nikahnama, that needs to be filled in at the time of Nikah/Marriage.
Important judgments on Talaq-e-Tafweez
- A wife, upon being granted the right of divorce or Talaq-e-Tafweez, can use this right and it does not classify as Khula. A wife’s pronouncement of divorce through Talaq-e-Tafweez is legally binding after the 90-day notice period required by the Muslim Family Laws Ordinance, 1961. Reliance is placed on case cited as 2013 CLC 1625.
- When a wife exercises Talaq-e-Tafweez, the Union Council where the wife resides or where the Nikah was registered has jurisdiction over issuing a divorce certificate. Reliance is placed on 2016 YLR 15.
- Delegated right of divorce, once exercised, is irrevocable unless reconciliation occurs within the notice period i.e., within 90 days. Reliance is placed on 2011 PLD 265
Clause 18 of the Nikahnama: Legal Recognition of Talaq-e-Tafweez
The Nikahnama (marriage contract) in Pakistan contains specific clauses that address the wife’s right to a delegated divorce (Talaq-e-Tafweez). Clause 18 explicitly asks whether the husband has delegated the power of divorce to his wife and, if so, under what conditions or if it is unconditional.
For reference a relevant portion of the Nikah Form in Urdu and English can be seen the picture. (Read the Column No. 18)
Talaq-e-Tafweez and Divorce by Wife–Removal of Confusion
The delegated right of divorce is often confused with the concept of a wife divorcing her husband. It is important to clarify that only the husband has the exclusive right to pronounce divorce (Talaq). A wife cannot divorce her husband.
However, when the husband grants the right of divorce to his wife through Tafweez-e-Talaq (delegated divorce), it means that the wife is exercising the husband’s right of divorce on his behalf. In such a case, she is not divorcing the husband but rather divorcing herself using the authority granted by him.
While the point of initiation changes, the fundamental principle remains the same—the right of divorce originates from the husband, even when exercised by the wife.
Process of Exercising Talaq-e-Tafweez
For a wife to initiate Talaq-e-Tafweez, the following steps must be taken:
- Written Notice: The wife must send a written notice of divorce to the Chairman of the Arbitration Council/Union Council.
- Delivery to Husband: A copy of this notice must also be served upon the husband.
- Reconciliation Period: A 90-day waiting period is observed, allowing for reconciliation efforts.
- Issuance of Divorce Certificate: If reconciliation fails, the Union Council formally certifies the dissolution of marriage.
These steps are in compliance of Section 7 and 8 of the Muslim Family Laws Ordinance, 1961.
Difference between Talaq-e-Tafweez and Khula:
| Aspect | Talaq-e-Tafweez | Khula |
|---|---|---|
| Initiator | Wife (with delegated right) | Wife (via court) |
| Husband’s Consent | Not required | Not Required |
| Court Involvement | No | Yes |
| Financial Obligations | Dower remains with wife | Wife may have to return dower |
| Legal Process | Notice to Union Council | Suit in a Family Court |
You can learn more about Khula and Khula by Overseas Pakistani Wife by clicking the links.
Importance of Including Talaq-e-Tafweez in Nikahnama—A Conclusion:
Despite its legal and religious validity, Talaq-e-Tafweez is often omitted from the Nikahnama due to cultural misconceptions. Many families hesitate to grant this right, assuming it undermines the husband’s authority.
However, I always advocates to fill all the columns of Nikahnama as it is marriage contract and legally binding upon the parties. Families must not hesitate to use their rights. Opinion and consent of brides must be taken at the time of filling Nikah Forms.
Frequently Asked Questions (FAQs):
Is Talaq-e-Tafweez legally valid in Pakistan?
Yes, it is recognized under Section 8 of the Muslim Family Laws Ordinance, 1961, and has been upheld in multiple judgments.
Can a wife exercise Talaq-e-Tafweez (if granted) without her husband’s permission?
Yes, if the right is granted in the Nikahnama, the wife can divorce her husband by sending a legal notice without requiring his consent.
How is Talaq-e-Tafweez different from Khula?
Talaq-e-Tafweez is initiated by the wife based on a pre-delegated right, while Khula requires court involvement. However, in both scenarios marriage is dissolved.
What if Talaq-e-Tafweez is not mentioned in the Nikahnama?
If this clause is not included, the wife cannot unilaterally divorce the husband and would need to seek Khula through the court.
