Can a husband revoke the delegation of divorce authority he granted to his wife?
Chapter on Explicit Divorce and Others
Al-Mughni
Book of Divorce
Primary text
The husband retains the right to revoke the delegation he granted to his wife or declare its termination. This view is held by 'Ata, Mujahid, Al-Sha'bi, Al-Nakha'i, Al-Awza'i, and Ishaq. The basis is that this act is a delegation (tawkil); thus, the principal has the right to revoke it, just as one can revoke a delegation in sale or when addressing a third party.
Supporting text
Al-Zuhri, Al-Thawri, Malik, and the Ashab al-Ra'i assert that the husband cannot retract the delegation because he has effectively granted ownership, which cannot be revoked, similar to an already executed divorce. The counterargument rejects the notion of ownership transfer, asserting it is merely delegation, and even if it were ownership transfer, it is revocable before acceptance is firmly attached, analogous to a sale. The husband consummating the marriage is also considered a revocation, as interacting with what one has delegated invalidates the agency.