Woman asking for the right to issue talaaq

Q: If a woman is afraid that her husband will use the word 'talaaq' and says 'Give me your talaaq rights' and the man says 'Okay, I did', can the woman divorce herself whenever she wants? Or do these words have no validity?

A: She can only divorce herself in the same gathering when he gave her the right to divorce. Once the gathering ends, she will no longer have the right to give herself talaaq. 

Similarly, though he had given her the right of divorce, he will still have the right to issue divorce, as the right of divorce cannot be taken away from the husband.

And Allah Ta'ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)