Talaq-e-Tafweez is a delegated right of divorce in Muslim personal law. It allows a husband to hand his power to pronounce talaq to his wife or, in some traditions, to a third person.
What Does It Mean?
“Tafweez” means delegation. The husband transfers his right to pronounce talaq, either absolutely or subject to conditions. The wife does not divorce her husband in the ordinary sense. She uses the delegated power to dissolve the marriage herself, without having to prove a fault-based case in court. The arrangement can be made at the time of the nikah or later, orally or in writing.
Who Can Use It?
- Husband: The original holder of the right, who can delegate it.
- Wife: She can use it only if the husband has expressly delegated the power, usually through the marriage contract or a separate agreement.
- Third person: In some formulations, the husband may delegate the power to a third party, who can pronounce divorce under the agreed terms.
How Does It Work?
Once the agreed condition is met, or whenever she chooses if the delegation is unconditional, the wife can pronounce divorce on herself. Commonly agreed conditions include failure to maintain the wife, cruelty, absence or breach of specific promises in the marriage contract. The delegation does not automatically remove the husband’s own right to pronounce talaq, unless the agreement says so.
Why It Matters for Women
The right gives a Muslim woman a direct, contract-based exit from marriage. She does not have to start a court process such as khula or a petition for judicial dissolution. It matters most where the right is written into the nikahnama. In Pakistan, for example, it is linked to Column 18 of the standard nikahnama form.
The Key Limitation
Prior delegation is essential. Without it, a wife cannot invoke talaq-e-tafweez and would generally have to pursue another route, such as khula or a court-based dissolution claim, depending on the country’s Muslim family law.
In Bangladesh, availability and registration requirements depend on the Muslim Family Laws Ordinance framework and the terms recorded in the kabinnama. A family-law lawyer should review the actual marriage document before anyone relies on this right.
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