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Ruling 2548

If a wife appoints an agent to give her dowry to her husband and the husband appoints the same person to divorce his wife, in the event that the name of the husband is Muḥammad and the name of the wife is Fāṭimah, for example, the agent must say the formula of the divorce in the following manner:

عَنْ مُوَکِّلَتِي فَاطِمَةَ بَذَلْتُ مَهْرَهَا لِمُوَکِّلِي مُحَمَّدٍ لِیَخْلَعَهَا عَلَیْهِ

ʿan muwakkilatī fāṭimah badhaltu mahrahā limuwakkilī muḥammad liyakhlaʿahā ʿalayh

On behalf of my client Fāṭimah, I give her dowry to my client Muḥammad so that he gives her a khulʿ divorce upon accepting it.

Thereafter, the agent says:

زَوْجَةُ مُوَکِّلِي خَلَعْتُـهَا عَلَىٰ مَا بَذَلَتْ فَهِیَ طَاِلقٌ

zawjatu muwakkilī khalaʿtuhā ʿalā mā badhalat fahiya ṭāliq

I give the wife of my client a khulʿ divorce upon accepting what she has given, and so she is divorced.

If the wife appoints an agent to give something other than her dowry to her husband so that he divorces her, then instead of saying مَهْرَها [mahrahā] he must mention that property. For example, if she has given £100, he must say: بَذَلـْتُ مِائَةَ جُــنَـيْهٍ إِسْتَـرْلِـيْنِي [badhaltu miʾata junayhin istarlīnī] (‘I give £100’).