An examination of the delegation of divorce from the perspective of Hanafi jurists.

Abstract

In Sunni jurisprudence, there is an institution called delegation in divorce, which is similar to attorney in divorce. Delegation of divorce is the transfer of the right of divorce from the husband to the wife, by which the wife can divorce herself whenever she wants. According to this institution, the husband completely transfers the authority in divorce to the wife, and the wife separates from her husband by performing one of the words of delegation and executing the deed of delegation. Considering that the aforementioned institution is partly aimed at balancing the rights of men and women in the divorce debate, in fact, it aims to investigate the jurisprudential view of ahnaf jurists in the context of this institution and its justifications, for this purpose, the present research in this position aims to reach The following results have been achieved for the above objectives, whose contents have been processed using the library method and its collection by referring to written sources and its data, which has been processed by descriptive-analytical method: The institution of granting divorce has been accepted in Hanafi jurisprudence, and its acceptance has been supported by many reasons and documents, the most important of which are verses 28 and 29 of Surah Mubarakah al-Ahzab and the blessing of the wives of the Prophet (pbuh) in separating from the Prophet (pbuh). It is towards them.