Is conditional delegation of divorce authority to a third party valid?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
Delegating the authority to divorce, such as saying "your affair is in your hand" (amruki bi-yadik) or "choose yourself" (ikhtiyari nafsak), to a non-spouse (an unrelated person) is valid, whether absolutely, conditionally, or suspended upon a condition. This validity stems from the analogy to explicit authorization (Tawkil), as the husband has delegated the power of divorce to the authorized party. The delegation is valid if suspended upon a condition (e.g., for a month, or upon the arrival of so-and-so) or if time-bound. If the condition is met, the divorce authority rests with the delegate according to the specified terms, neither before nor after that time. The husband retains the right to revoke this delegation because it is an revocable contract (Aqd Ja'iz).
Supporting text
Imam Ahmad ruled that if the husband stipulates a time limit (like a specific year or named period) before the authority transfers, the wife only gains the right to exercise the divorce option once that period concludes. Regarding the husband claiming revocation of the delegation, Imam Ahmad stated that his claim is not accepted without evidence, as revocation is something that can be proven. However, if the wife confirms the husband's revocation, it is accepted even without evidence from him.