STUDYING ISLAM

Can the Right of Divorce be Delegated?

Earlier archive · · October 7, 2026

Question

Title: Can the Right of Divorce be Delegated? Question: Can the Right of Divorce be Delegated? Can a man delegate the right of giving divorce to his spouse? Salam Muhammad Aqil Khan Ghori Answer: An individual may delegate his right to divorce to his spouse. However, such a decision, even though it cannot legally hindered, would refute the wisdom of the Shari`ah , according to which the Shari`ah has restricted the right of pronouncing divorce to the head of the family - i.e. the husband - and has not extended this right to the wife. In my opinion, therefore, a person should not delegate those rights and responsibilities to others, which the Shari`ah has restricted to him. I hope this helps. Regards, Moiz Amjad August 28, 2001

Answer

Title: Can the Right of Divorce be Delegated? Question: Can the Right of Divorce be Delegated? Can a man delegate the right of giving divorce to his spouse? Salam Muhammad Aqil Khan Ghori Answer: An individual may delegate his right to divorce to his spouse. However, such a decision, even though it cannot legally hindered, would refute the wisdom of the Shari`ah , according to which the Shari`ah has restricted the right of pronouncing divorce to the head of the family - i.e. the husband - and has not extended this right to the wife. In my opinion, therefore, a person should not delegate those rights and responsibilities to others, which the Shari`ah has restricted to him. I hope this helps. Regards, Moiz Amjad August 28, 2001

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