The Jurisprudential Trend Permitting the Wife's Delegation of the Right to Divorce: A Study in Islamic Jurisprudence and Law

Abstract

This research examines the school of thought that supports the permissibility of a husband delegating his wife the right to divorce herself, This juristic view is based on various evidences derived from the Qur’an, the Sunnah, the sayings of the Companions, and analogical reasoning, It relies on the Verse of Choice as the legislative foundation for the legitimacy of delegation, as well as on the Prophet’s incident of offering his wives the choice, and on the consensus of the Companions affirming the validity of divorce by delegation, This school maintains that delegation does not conflict with the objectives of Islamic law but rather reinforces the principle of shared decision-making within the family framework, The same view has been reflected in modern legal systems, where several Arab legislations have recognized the permissibility of delegation and the validity of divorce effected through it, thus granting this position a practical dimension in both jurisprudence and contemporary law.