Find the question and answer of Muslim Law only on Legal Bites. [What is talaq-e-tafweez?]
Question: What is talaq-e-tafweez? Find the question and answer of Muslim Law only on Legal Bites. [What is talaq-e-tafweez?]AnswerThe husband may in person repudiate his wife, or he may delegate the power of repudiating her to a third party, or even to the wife; such a delegation of power is called tafweez. The doctrine of tafweez is an essential part of the Mohammedan law of divorce. It is a case of repudiation by the wife under the authority of the husband, in other words, as a talaq...
Question: What is talaq-e-tafweez?
Find the question and answer of Muslim Law only on Legal Bites. [What is talaq-e-tafweez?]
Answer
The husband may in person repudiate his wife, or he may delegate the power of repudiating her to a third party, or even to the wife; such a delegation of power is called tafweez.
The doctrine of tafweez is an essential part of the Mohammedan law of divorce. It is a case of repudiation by the wife under the authority of the husband, in other words, as a talaq by tafweez. Such a divorce, though it is in the form of a divorce of the husband by the wife, operates in law as a talaq of the wife by the husband. When a man has said to his wife, 'repudiate thyself she can repudiate herself at the meeting, and he cannot divest her of the power'. But if there is no reference to his pleasure, it is an appointment of an agency that is not restricted to the meeting and may be revoked. When a man has said to his wife, 'choose thyself today,' or 'this month,' or 'a month,' or 'a year,' she may exercise the option at any time within the given period.
The power to give divorce which primarily belongs to the husband may be delegated to the wife either absolutely, or conditionally. In the instant case of Mangila Bibi v. Noor Hussain, A.I.R. 1992 Cal. 92, even though the Kabinnama bears the signature of both the spouses, the groom of his own will bound himself with the condition that his wife would be in a position to give talaq ex-parte and at her will. Such a stipulation, even though contained in an instrument signed by both spouses, cannot be regarded as a bilateral delegation of the power to give talaq.
Thus the husband had unilaterally delegated to the wife the power to divorce unconditionally and since it is not prohibited by the personal law of the parties, it was quite open to her to divorce herself at her will. Therefore, the wife was very much a divorced woman when she dissolved her marriage by virtue of authority delegated to her and executed a divorce deed before Muslim Marriage Registrar and Kazi and it cannot be said that the marriage was still subsisting as no specified contingencies had taken place.
Mayank Shekhar
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