Tafweez of Talaaq

Wife using her right to issue a divorce

Q: Recently I found out that my husband only married me for a visa since I am a US citizen. We haven’t consummated our marriage. Also he doesn’t really love or care for me. We havent been in contact for over 6-7 months. In my nikaah, I got the right of divorce from my husband (delegated right of divorce to wife). I want to end this marriage.

1. Can I just pronounce I chose myself or I am divorcing myself from you 3x over a text and send him a notice too, will my divorce be valid?

2. Do I have to seek khula or I can just get divorce by saying it.

Can a person give up the right of tafweez-e-talaaq?

Q: 15 years ago I married my first wife, who was my first cousin. In my Nikah agreement there was talaq-e-tafweez that I was not told about. I accepted and signed in front of two Muslim witnesses. Later when I read my Nikah certificate and saw that my wife was given the right to divorce me and I was not told about it during the time of Nikah, I was not happy. If I had known, I would not have agreed for her to have the right to divorce me. So I explained to her, and she signed another document in front of two Muslim witnesses (I believe one witness was same as during the Nikah). The document stated that she gives up her right to divorce me, and she and the two witnesses signed also.

Fives years later, we had some disagreements and she asked for divorce and I love her very much so I refused to divorce her. Therefore, she went to the court and got divorced from the court and mailed me the divorce papers. She said that she asked an imam and he said it was okay for her to divorce me. Now both her, and I are married to different people. I still miss her and wonder if our marriage is still valid. I never divorced her with my words, actions, or in writing. Not even as a joke.

My question is, are we still married since I never divorced her because she gave up her right to divorce me? And is her Nikah with the other guy valid or no? Since I was not told about talaq-e-tafweez during my Nikah, did she have the right to divorce me before she gave it up? If she had the right to divorce me, did she give up that right by signing a new document in front of two Muslim witnesses that said she’s giving up her right to divorce me?

Transferring the right of divorce to one's wife

Q: My husband and I have been married for 2 years now. We have no children yet. On multiple occasions I caught him cheating on me with some other girl. I know that he is in love with her. I gave him 3 chances already because I didnt want to give up on our marriage. This year I have seen a lot of improvements in him. He has been trying hard to work on our marriage. We went for Umrah as well this past February. I finally felt like things were getting better between us until two days ago. I found him exchanging messages with that same girl and telling her how he feels. They recently started talking again after a year of no contact. I confronted him and now he is begging for another chance and trying to take care of me. He keeps crying to me about how badly he wants me in his life and how much he needs me and how he made a mistake. I havent told anyone about him cheating on me in the past two years but i think i should share it with his mother now. I cant deal with the emotional pain all by myself anymore. I’m going into severe depression.

My question is should i give him another chance? This would be the fourth chance im giving him in two years. Or should I ask for a divorce? I protected this marriage for as long as I could. I dont know if it would be foolish for me to give him another chance. Im breaking down everyday! I dont know what would hurt me more, to stay with him or to leave him. I really didnt want my marriage to end. I dont know if i can live without him. But sometimes i think that if I am still hurting after two years together then i feel like its now my fault for that continuous pain because im the one that keeps giving him chances to hurt me. Please me give your sincere advice.

Handing over the right of talaaq to the wife

Q: My wife and I have been going through some problems and we have been arguing for a over a year and I was fed up so I gave her the right of divorce (tafweedh), the other day we were arguing and she had just come of the phone with her ex husband, the father of her daughter whom she had also had an argument with. I said to her that she was upset after arguing with him and she was taking it out on me. She said "We always become one afterwards" in urdu and I repeated to her that thats fine you become one with him, you become one and then she said yes we will, sarcastically. I was upset and I repeated it that you become one and then she uttered the words I divorce you, I divorce you, I divorce you in urdu 3 times... Now I dont know where we stand and neither does she. Really, deep down she doesnt want the divorce and to be honest neither did I. Please help us and give us guidance on this matter.