Question

Talak-e-tafwiz is

• A. Talak by delegation
• B. Triple Talak
• C. Talak by agreement
• D. Improper Talak

Hint:

For Muslim Law, learn the precise terminology for different forms of marriage, dower, and divorce. Key terms include Talaq-e-Sunnat (Ahsan, Hasan), Talaq-e-Biddat (Triple Talaq), Talaq-e-Tafwiz (delegated), Khula (divorce at wife's instance), and Mubarat (mutual consent).

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks for the meaning of the term "Talaq-e-Tafwiz" in Muslim personal law. This is one of the forms of divorce available.
Step 2: Detailed Explanation:
Talaq-e-Tafwiz translates to "delegated divorce." It is a form of divorce in which the husband, at the time of marriage or after, delegates his power to pronounce talaq to his wife or to a third party. This delegation can be absolute or conditional. If the wife is delegated this power, she can exercise it to dissolve the marriage upon the fulfillment of the specified conditions (if any) without further consent from the husband. This is a significant right that can be secured for the wife in the marriage contract (\textit{Nikahnama}).
- Triple Talaq is known as \textit{Talaq-e-Biddat}.
- Divorce by mutual agreement is known as \textit{Mubarat} or \textit{Khula} (depending on the terms).
Step 3: Final Answer:
Talaq-e-tafwiz is Talak by delegation.

Answer 2

The question asks for the meaning of "Talak-e-tafwiz" under Muslim personal law. Let's look at what each option describes and match it to the actual concept.

1. Talak by delegation: "Tafwiz" literally means delegation or entrustment. Talak-e-tafwiz refers to a husband delegating his own power to pronounce talak to his wife or to a third party, either at the time of the marriage contract or afterward, and this delegation can be made absolute or subject to conditions. This matches the term exactly.
2. Triple Talak: this specific form of divorce, pronouncing talak three times, is known as Talak-e-Biddat, a different and distinct concept from delegation of the power to divorce.
3. Talak by agreement: divorce arrived at through mutual agreement of both spouses is known by other terms, such as Mubarat, where both parties consent to end the marriage, this is a different mechanism from one party delegating their power to the other.
4. Improper Talak: there is no recognised form of talak carrying this label, "improper" is not a term used to classify forms of divorce under Muslim personal law.

Since "tafwiz" specifically denotes the act of delegating authority, and Talak-e-tafwiz is precisely the mechanism where the husband hands over his power to pronounce divorce to someone else.

Therefore, the correct answer is Talak by delegation.