🚪 Divorce, ʿiddah & rujuk · #51

May a husband appoint someone else to pronounce talak on his behalf?

Yes, according to the Shafi'i school: a husband may appoint someone, including his own wife, to pronounce talak, and the talak falls within the limits of the appointment.
Talak is the husband's right (al-Baqarah 2:229), and a right one may exercise oneself may be delegated, according to the principles of fiqh. The agent may only pronounce the number and manner permitted, and the husband may revoke the appointment before the agent acts. In Malaysia, any talak must be reported to and confirmed by the Syariah Court; a talak outside court without permission can be an offence (Act 303 s.124). So if the husband is abroad or unwell, it is safer to deal through the court and a Syariah lawyer than to appoint someone informally. See Talak.

Sources

Surah al-Baqarah 2:229Act 303, s.47Act 303, s.124

← PreviousThe husband took his wife back without witnesses and without registration — is it valid?Next →A husband divorced his wife while he was gravely ill, and then died. Does she still inherit?

Related questions

My husband pronounced talak, or we divorced, abroad. How is it confirmed in Malaysia?A divorce abroad needs to be registered or confirmed in Malaysia so your status is recognised, especially for remarriage…A husband is forced or threatened into pronouncing talaq: does it take effect?A talaq pronounced by a husband who is genuinely coerced under serious threat does not take effect, according to the majority of scholars.…We married but the marriage has not been registered. If the husband pronounces talak, does it take effect?If the marriage contract was valid under the Shariah, the talak takes effect even though the marriage is unregistered; but both the…A husband says, "If you leave this house, you are divorced." What is the ruling if the wife goes out?According to the Shafi'i school, this is a conditional talak (verbal taʿliq): if the condition occurs, talak falls in the number…Can a wife seek divorce because her husband wants to marry another?Lawful polygyny is not in itself a ground for fasakh, but the wife may apply for khulʿ, and may seek…May a wife seek fasakh because her husband is impotent or has a serious illness?Yes, in certain cases: Act 303 s.52 lists impotence existing at the time of marriage without the wife's knowledge…

This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer