Delegating Divorce to the Wife.

Author

Al-Azhar University, Egypt.

Abstract

In Islamic law, the authority to initiate divorce traditionally lies with the husband rather than the wife, as the role of household guardianship is assigned to men. This guardianship inherently includes the responsibility and right to pronounce divorce. Women, often perceived as more emotionally driven than men, may exercise this authority impulsively in response to trivial matters, potentially leading to unnecessary marital dissolution.
Islamic jurisprudence provides the husband with several options: he may pronounce divorce directly, delegate the authority to a third party, or empower his wife to initiate divorce. Such delegation is conveyed through specific language, which may either be explicit—requiring no intention—or implicit, necessitating clear intent.
Scholars differ on the scope and limitations of this delegation. Some jurists argue that the authority is confined to the session in which it is granted, while others contend that it extends beyond that session. While there is unanimous agreement that the wife may refuse the delegation, opinions vary on whether the husband retains the right to retract it once granted.
This study examines the delegation of divorce authority to the wife, a significant departure from the general principle that reserves this right for the husband. It also explores the extent to which this practice contributes to achieving the marital stability emphasized in Islamic law.
Objectives:
To define the concept of delegation in divorce.
To analyze the legal consequences of delegation.
To distinguish between delegation and agency.
To examine the practical implications of delegation.
Conclusion:
The paper concludes that the divorce system in Islamic law exemplifies its inherent virtues, realism, and attention to human welfare. It recognizes that when discord and estrangement replace affection and harmony between spouses, the structure of marriage collapses, leaving divorce as the only practical solution. The Quran states: "But if they separate, Allah will enrich them both out of His bounty. And Allah is All-Encompassing and All-Wise" (An-Nisa: 130).
In Islamic law, the foundational principle is that the authority to initiate divorce resides with the husband rather than the wife. This is rooted in the concept of stewardship (qiwāmah), which places the responsibility for managing the household on the man. As a natural extension of this role, the right to pronounce divorce is also vested in him. Women, often regarded as being more emotionally influenced, may exercise the right to divorce in response to trivial matters, potentially leading to unnecessary dissolution of marital life.
Islamic jurisprudence provides the husband with several options: he may exercise his right to divorce directly, delegate this authority to another individual, or empower his wife to initiate the divorce. Such authorization is expressed through specific terminology, which may be explicit—requiring no accompanying intention—or implicit, where intent is necessary for validity.

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