Is it valid for a husband to delegate the authority to divorce his wife to a third party?

Chapter on Explicit Divorce and Others

Al-Mughni

Book of Divorce

Book 39 · Issue 4 · Bab 2

Open in Qurani

Primary text

Delegating the authority to divorce his wife to another person is valid. Its ruling is the same as if he delegated it to the wife herself, meaning the authority remains with the delegate both in the session where it was delegated and afterward. Al-Shafi'i agrees regarding delegation to others because it is a form of authorization (tawkil). This is valid whether he says, 'The affair of my wife is in your hands,' or 'I grant you the choice in divorcing my wife,' or 'Divorce my wife.' This authorization is absolute and enduring, taking effect over time like authorization in a sale.

Supporting text

The companions of Abu Hanifah restrict this delegation to the immediate session only, analogizing it to the wife's power of choice.