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Law · Q598

Muslim Law

Graduate and Post Graduate · Law · question 598

Q598

Talaq-a-tafweez operates in law as

A.
A talaq of the wife by the husband
B.
A talaq of the husband by the wife
Answer
C.
A talaq by mutual consent
D.
A talaq by Ila

Answer: Option B

Solution

Answer: Option B
Solution:
The correct answer is Option B: A talaq of the husband by the wife.

Let's break it down:

* Talaq in Muslim Law means divorce.

* Talaq-a-tafweez is a specific type of divorce.

* The word "tafweez" means delegation of power.

* In Talaq-a-tafweez, the husband delegates his right to pronounce talaq (divorce) to his wife.

* This delegation is usually included in the marriage contract (Nikahnama).

* Therefore, when the wife exercises this delegated power and pronounces talaq, it's essentially the wife divorcing the husband based on the authority given to her by the husband.

* Option A is incorrect because Talaq-a-tafweez is initiated by the wife, not the husband.

* Option C is incorrect. Talaq by mutual consent is called Khula or Mubarat, not Talaq-a-tafweez.

* Option D is incorrect. Talaq by Ila is a different process where the husband vows to abstain from marital relations for a specific period.