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Muslim Law
Q. Two Muslims A and B were married on 18.6.85. It was agreed by the parties that if A took a second
wife, B will have right to pronounce divorce on 20.4.87. Is it a valid divorce?
Ans: Under Muslim Law husband can lawfully delegate his power to divorce his wife to any third person or even

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to his own wife to divorce herself. This concept is known as `Talaq-e-tafweez'. According to this concept
the husband may enter into an agreement with his wife that under certain specified conditions wife would
be at liberty to divorce herself from her husband. However such agreement to be valid, it is necessary that
option is not absolute and unconditional and secondly conditions are reasonable and not opposed to public
policy.
In Sainuddin vs. Latifunnessa, (1918) 46 Cal. 141, there was an agreement between husband and wife
under which the husband delegated to wife his power to pronounce three talaqs in the event of his marrying
a second wife without the permission of first. Later on, husband took second wife without the permission
of first wife and accordingly first wife gave herself three talaqs under the talaq-e-tafweez. It was held by the
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Court that as the event upon the happening of which the wife was given the authority to divorce herself was
valid under Muslim law and since the event has happened, the divorce by the wife was effective and marriage
must dissolve.
However it is important to point out that in case of Talaq-e-tafweez the wife does not divorce her husband
under his power delegated to her by him. Under Muslim law when under the contract; the wife is empowered
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to divorce herself in specific contingencies which she exercises at the happening of any of them. The divorce
will take effect to same extent as if it had been pronounced by the husband.
So divorce pronounced by B to herself when A solemnized second marriage is not opposed to public policy
and being Talaq-e-Tafweez is valid.
AM

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