delegation (التَّفْوِيض)
أصول الفقه
التعريف :
Leaving the matter to another person to look into.
المعنى الاصطلاحي :
Authorizing marriage of woman without defining her dowry at the time of the marriage contract.
الشرح المختصر :
"Tafweed" (authorization) means leaving the decision regarding a matter to someone else. In the context of marriage, it refers to the fact of remaining silent regarding defining the dowry when conducting the marriage contract, by delegating the task of defining it to one of the spouses or to someone else. "Tafweed" is of two types: 1. "Tafweed al-mahr": in which a man marries a woman and gives her the dowry that is to be decided by the wife, the husband, the wife's guardian, or someone else. The Māliki scholars do not call this case "tafweed"; rather, they call it "tahkeem" (arbitration). 2. "Tafweed al-bud‘": in which a father marries off his daughter against her will without a dowry, or a woman gives permission to her guardian to marry her off without a dowry.
التعريف اللغوي المختصر :
"Tafweed": delegating a matter to someone else and accepting their decision without disputing it, or giving someone the authority to control something.