Dear Brother Mubashir Nazir
You remember once the time I was discussing with you on the phone the issue of man delegating right of divorce to his wife to be at the time of Nikah. I requested you to prove it to me from Quran and Sunnah about its permissibility. I request you to provide me evidence for this.
Will be waiting for your answer
Assalam o alaikum wa Rahmatullah
There is a generally-accepted principle in Usul-ul-Fiqh: “Everything is lawful except what Shari’ah has forbidden. Arguments are required to prove something unlawful. No argument is required to prove something lawful.” اصل اشیاء میں اباحت ہے.
Arguments are required from the Quran and Sunnah to prove something unlawful or mandatory. For simple, permissibility, no arguments are required because everything is lawful except those forbidden by God. There is no prohibition for delegating the divorce, so it is lawful and no arguments are required for it based on the above principle.
If you read the Kitab-ut-Talaq of any book of Fiqh, you’ll find the concept of conditional divorce. It means that a husband says to his wife: “If X will happen, you’ll be divorced.” Any condition can be placed instead of X. Delegation of divorce is also a condition which means, “If you will divorce yourself, you’ll be divorced.”
I hope the issue will be clear.
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