Divorce (Talaq) in Islam and Divorce as per Pakistan Family Laws

What is Divorce (Talaq)? Divorce is a legal separation between married couples.

Divorce in Pakistan

In Pakistan, the law of divorce is different for different religions. The family laws in Pakistan are governed by the Muslim Family Laws Ordinance 1961, and also Section 7 of the Dissolution of Marriage Act 1939.

All schools of jurisprudence and all sects within Islam accept that a husband has the right to divorce his wife unilaterally. However, there are differences between the schools regarding how this should be done:

Sunnis believe that no waiting period (iddah) is required after a revocable talaq. This means that a man can say ‘talaq’ to his wife when she is menstruating or pregnant and it takes immediate effect unless he takes it back before intercourse with his wife since her last period began. The woman will have to wait three periods after a triple talaq until she can remarry her husband again (and if she is pregnant – until she gives birth). If a man says ‘talaq’ three times in one go (a form called triple talaq), they will consider him divorced immediately, even if he wants to take it back later on.
Shias do not recognize triple talaq in one meeting as valid at all. According to Shia jurisprudence, only three instances are recognized as valid forms of divorce: when a marriage contract has two conditions and one of them requires divorce; when divorce happens as part of an agreement between spouses at marriage; and when Khula occurs by mutual agreement during marriage.

Khula: A wife may seek khula’ from her husband without his consent through an application to an arbitration council constituted under Muslim Family Laws Ordinance 1961 or under Muslim Family Laws Rules 1964 which rules make clear that Khula’ is initiated solely by women on grounds other than those set out in the law relating to Talaq-ul- Biddat or Triple Talaq. Upon being satisfied with the reasonableness of such grounds i.e., nonpayment or inadequate payment

How to get a divorce (Talaq) in Islam under Pakistani law?

Divorce (Talaq) in Islam as per Pakistan Family Laws

Under Pakistani laws, a Muslim husband can get divorced by pronouncing three Talaqs to his wife. There are three types of Talaqs: Talaq-e-Ahsan, Talaq-e-Hasan, and Talaq-e-Biddat. Of these, the most recommended form is Talaq-e-Ahsan. A talaq may be given orally or in writing and after talaq, the marriage is dissolved and the parties become strangers to each other.

Conditions for khula or Mubarat

Khula and Mubarata are types of divorce where the wife initiates the divorce. The conditions for khula or mubarat are as follows:

The wife must return dowry and gifts to the husband.
The wife must also forfeit her claim to maintenance allowance.

What are the rights of husband and wife under Talaq?

The rights of the husband and wife in the case of Talaq are:

A reasonable amount of jewelry. This is also called Haq mehr, and it can be a matter of dispute in some cases. The amount given depends on the family background and social class of the parties involved, as well as their ability to pay.
A reasonable amount of house furniture. Again, this is a matter for debate, but usually, one party will get custody of the house and property that was jointly owned by both spouses during their marriage – unless that person is unable or unwilling to continue living there, or unless they wish to sell it off altogether (which would require consent from both parties).
Custody over all children under nine years old goes automatically to whoever has custody over them at present time (as per laws applicable when this writing was published, in 2014).

Is any compensation paid to the wife at the time of divorce? If yes, then how can I calculate it?

In the case of Talaq, the husband is not liable to pay any compensation to the wife. The amount of compensation is only paid in the case of Khula. This sum is calculated based on the value of the dower as per Section 2(iii) and (iv) of the Muslim Family Laws Ordinance, 1961. The factors that determine this amount are as follows:

Total assets owned by both parties
The manner in which such properties have been acquired (whether through inheritance or independent acquisition)
Financial conditions of both parties

What is Talaq-ul-Bid’ah?

Talaq-ul-Bid’ah is the divorce pronounced in one sitting. In other words, a man divorcing his wife by saying that he is divorcing her thrice in one sitting is considered Talaq-ul-Bid’ah or “Irrevocable divorce”.

What if the divorced wife wants a say on who will be the guardian of her children?

The mother is granted custody of the children until they reach puberty. The divorced wife cannot be deprived of her children’s custody unless she remarries, in which case the father will have the right to ask for their custody. If she does not remarry, she has the right to custody until they reach puberty.

What is the procedure for a man’s remarriage after the divorce?

After the divorce, the husband cannot remarry his ex-wife till she marries another man and he divorces her as well. This process is called Halala.

The husband waits for the completion of the Iddat period to re-marry his ex-wife again. In case of a second marriage before the completion of this period, it will be considered invalid, void, and has no legal effect.

What are the terms & conditions for custody and maintenance allowance in Pakistan?

Maintenance allowance is paid to divorced women until the woman remarries. Children’s custody will be decided by the court. Custody is usually granted to the mother, but if the mother remarries, then custody may be granted to the father.

Divorce (Talaq) in Islam as per Pakistan Family Laws

This article explains the procedure to get a divorce in Pakistan, terms, and conditions for maintenance allowance, custody of children, and Talak Tafweez (divorce at the will of wife).

In Pakistan, divorce is an extremely complicated matter. No doubt, it has a traumatic effect on women as well as children. There are various causes for which people consider divorce as an option: lack of compatibility; financial issues; domestic violence; lack of care by husband or wife towards each other; problems between parents-in-law and spouse; cases of infidelity or extramarital affairs etc.

Divorce procedures in Pakistan are quite different than that in western countries. The Muslim Family Laws Ordinance 1961 gives specific rights to men and women. The laws given below are applicable only to Muslims living in Pakistan. The majority of the population comprises Muslims and they follow Islamic Shariah laws in matters relating to marriage and dissolution of marriage contracts through Khula or Talaq. However these days many Pakistani couples also perform court marriages under the Family Courts Act 1964 with the free consent of both parties and mutual agreement whether they are Muslims or non-Muslims but they can only register their marriages under this Act after solemnization with the due procedure laid down in law.