..::Talaq i Tafweez–Muslim Family Laws Pakistan

Power to give divorce, though belonged to husband, but he could delegate said power to wife or to third person, either absolutely or conditionally and either for a particular period or permanently—

Section 7 of Muslim Family Laws Ordinance, 1961 had specifically provided such Talaq which was known as ‘Talaq-i-Tafweez’—Person to whom power was so delegated, could then pronounce same accordingly—

Temporary delegation of power was irrevocable, but a permanent delegation could be revoked—Such delegation of option called `Tafweez’ by husband to his wife, would confer on her power of divorcing herself—Said ‘Tafweez’ was of three kinds viz,

  • Ikhtiar, giving her the authority to Talak herself;
  • Amr-ba-Yed, leaving the matter in her own hand
  • Mashiat, giving her the option to do what she liked—

All these factors when analyzed would resolve themselves into one, viz., leaving it in her or somebody else’s option to do what she or he liked—Wife could not sue to enforce authority alleged to have been given to her, but she would sue after she had given effect to it to make husband liable for dower or to restrain him from seeking conjugal relations—Wife was entitled to exercise her right of ‘Tafweez of Talaq’ and she was entitled to be separated from her husband.

 

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