In this article, we will talk about divorce laws. When a husband and wife are unable to coexist peacefully within the parameters set by Almighty Allah, they may choose to end their marriage via divorce or khula. If the woman has been granted this privilege, she may also declare Talaq in addition to filing a lawsuit for the dissolution of the marriage. Every khula or divorce case is unique in its facts, circumstances, problems, and remedies.
Since legal action is required to dissolve the previous legal act of marriage, in certain countries a divorce must be validated by a court of law.
Divorce by Husband:
According to Muslim Personal Law and Section 7 of the Muslim Family Law Ordinance of 1961, the husband may declare “Talaq” verbally or via a Deed of Divorce. The spouse has a responsibility to;
- provide written notification through registered mail post to the relevant Union Council or responsible government agency for issuing divorce decrees, etc.
- The spouse must include the address in the aforementioned notification of his ex-wife, allowing the government office or the union council to send her notifications by registered mail, in accordance with which it shall constitute Within 30 days after receiving notification,
- you may either submit the dispute to the Arbitration Council or the intention of husband and wife’s reconciliation and settlement, if possible.
- should be aware that the ‘Talaq’ does not become effective until the ‘Iddat time’ has passed and failed
- Failure to follow the law may result in a fine or simple imprisonment for up to a year or a fine of up to 5000 rupees. Consequently,
- a verbal “Talaq” is not accepted by law.
- and the husband’s inability to provide the government with the official formal notification is viewed in law as an unsuccessful divorce.
- When the “Talaq” notification is received by the appropriate government office, the office will
- provide the husband and wife a certificate of “Talaq” that is valid
Also Read: Child Custody after Divorce in Pakistan
This regulation was introduced with the intention of protecting women from a quick, undocumented divorce so that the wife is not subject to remarriage laws and thereafter confronted with a pointless criminal prosecution and punishment. Thus, it is essential for a woman to have documented documentation of her marital status and to be very clear about it whether she has a valid divorce. ‘Talaq’ notice may be delivered to a wife using the approval from the relevant government agency, with the help of her parents and an adult No additional family members, only a brother or sister. If she makes it impossible for this, a Notice cannot be sent to her via her because of her unknown location or
The spouse may still provide notice via a publication to his close relatives with the relevant government office’s approval.
Must Read
Divorce by wife:
In Islam, a woman may only divorce her husband unilaterally if he fully grants her the right to do so in the marriage contract or the Nikahnama. It is a kind of divorce when the husband gives his wife the authority to declare divorce on herself. The divorce decree by using such rights functions in the same way as the husband’s divorce decree.
Divorce by mutual consent of husband and wife:
With this kind of divorce, the Family Court is not required, and the marriage may be ended quickly, affordably, and with minimal procedural issues. Both the husband and the wife have the option to sign a Mutual Divorce Deed and mail a
Written notice under Section 8 of the Muslim Family Law Ordinance of 1961 must be sent to the relevant government office; nevertheless, the government office is required to follow the notice-issue process before giving the parties the dissolution of the marriage certificate.
Divorce demand by wife (Khula):
She has the option to end the marriage by requesting a “Khula” from the Family Court, also referred to as a judicial divorce. The divorce process known as “Khula” is started by the wife and approved by the court. According to the Dissolution of Muslim Marriage Act of 1939, the wife would need to file a suit for “Khula” in the Family Court on the grounds that she believes she can no longer live with her husband “within the limits prescribed by Allah,” and such a statement made in her suit under oath would be sufficient to establish her case for “Khula.”
Women may file for “Khula” on certain grounds for judicial divorce, but they must be shown before a suit may be ruled in her favor and a certificate of dissolution of marriage granted on the basis of “Khula.”
Also Read: Khula in Islam
Iddah Period:
Muslim women observe Iddah, also known as Iddat, which is an Arabic word that means “time of waiting.” Before being allowed to legally remarry, a Muslim woman must observe a period of chastity after the breakup of her marriage due to the death of her husband or via divorce. In order to determine if a woman is pregnant or not and to recognize the paternity with confidence, the iddat period is observed.
Iddat period changes depending on the situation.
| Circumstances | Period of Iddat |
| Iddat period in case of divorce | 3 months |
| In case of the death of the husband | 4 months and ten days |
| Iddat in the divorce case of pregnant women | the iddat period lasts until delivery or miscarriage |
| Iddat period of the widow when she is pregnant | she observes iddat for a full year, which consists of 3 months of iddat and 9 months of pregnancy |
Whether or whether the marriage was consummated, a widow who has lost her spouse observes it for four lunar months and ten days following his passing. A divorcee observes it for three months.
For a divorced woman who is pregnant, the iddat period lasts until delivery or miscarriage.
When a woman is pregnant at the time of her husband’s passing, she observes iddat for a full year, which consists of three months of iddat and nine months of pregnancy.
Maintenance/alimony after Divorce:
The wife may claim maintenance after divorce if she has a child. She can file a case in Family Courts in her jurisdiction and the honorable court will decide her case according to the situation
Talaq e Ahsan:
This entails a single declaration of divorce made during a tuhr (time between periods), followed by a prohibition on establishing marital contact with the wife until the period of iddat. Although the aforementioned kind of talaq is reversible throughout the iddat period, it becomes irrevocable and effective once that time has passed.
Talaq e Hasan:
This consists of three declarations made by the husband in the course of three tuhr that follow one another, without ever making eye contact with the wife throughout any of the three tuhr. After the first and second pronouncements, the aforementioned form of talaq is reversible; but, after the third pronouncement, it is irrevocable.
Talaq e Biddat:
This consists of three proclamations made in a single tuhr or one proclamation made in a tuhr that unmistakably declares the desire to end the marriage.
Delegated Divorce:
It is a kind of divorce when the husband gives his wife the authority to declare divorce on herself. The divorce decree by using such rights functions in the same way as the husband’s divorce decree.
Talaq e Mubarat:
In this kind of divorce, the husband and wife mutually decided to end their marriage and be free of its ties and duties.
Relevant Laws dealing Family Cases in Pakistan:
- Guardians and Wards Act 1890
- Child Marriage Restraint Act 1929
- Dissolution of Muslim Marriages Act 1939
- Muslim Family Law Ordinance 1961
- (West Pakistan) Muslim Personal Law (Sharia) Application Act 1962
- (West Pakistan) Family Courts Act 1964
- The offense of Zina (Enforcement of Hudood) Ordinance 1979
- Law of Evidence (Qanoon-e-Shahadat) Order 1984
- Enforcement of Sharia Act 1991
- Dowry and Bridal Gifts (Restriction) Act 1976
- Prohibition (Enforcement of Hudood) Order 1979
- Offense of Qazf (Enforcement of Hudood) Order 1979
- Execution of Punishment of Whipping Ordinance 1979
