Delegation in Divorce in Islamic Jurisprudence and Iraqi Law

Abstract

According to common jurists' topic entitled "delegation in divorce", husband has right to divorce his wife whenever he thinks that it is reasonable. It is natural whoever owns a right is allowed to assign it as well as, the husband can assign the right of divorce to his wife and the wife can get her own divorce in this case. This delegation may be absolute or it may be limited to a certain time or it may be added to the future and the divorce decree made by delegation may be revocable or irrevocable. The jurists have cited arguments to express their views in this regard, such as verses 28 and 29 of Surah Al-Ahzab, as well as various narrations. According to common jurists, delegation, which is regarded as a part of a husband's rights in divorce, is transferred to the wife, in other words, whenever the wife wants to divorce the husband. However, the famous Shiite jurists did not accept the delegation in divorce, while the non-famous ones accepted it. This study explains the relevant topics by an analytical-comparative method through a library study.