Divorce is the separation from spousal relationship by the husband. There are different modes of Divorce i.e. through expressive or implied words, orally or written form directly or through representation.
There are three kinds of Divorce:
- Revocable Divorce/ Talaq e Rajaee;
- Irrevocable Divorce (Minor Degree)/ Talaq e Bain Sughra;
- Irrevocable Divorce/ Talaq e Bain Kubra.
Revocable Divorce/ Talaq e Rajaee
In Revocable Divorce/ Talaq e Rajaee, the husband pronounces Divorce once, which is a common practice. During the Iddah period of wife if the husband wants to resume his marital relationship, he can rescind the pronouncement of Revocable Divorce unconditionally. According to Islam, after the Revocable Divorce, the spouses should remain under the same roof so that there is maximum likelihood of resumption of the marital relationship. This type of Divorce is called Revocable Divorce/ Talaq e Rajaee.
Irrevocable Divorce (Minor Degree)/ Talaq e Bain Sughra
In Irrevocable Divorce/Talaq e Bain Sughra, the husband pronounces Divorce one time and after some time pronounces Divorce the second time. After the first or second pronouncement of divorce, even if the iddah period is completed, the husband can take his wife back through re-solemnization prior to the pronouncement of the third divorce with her consent. The third pronouncement makes divorce final and irrevocable. This type of divorce is called Irrevocable Divorce/Talaq e Bain Sughra.
Irrevocable Divorce/ Talaq e Bain Kubra.
In Irrevocable Divorce/Talaq e Bain Kubra, the husband pronounces Divorce one time and after some time pronounces Divorce the second time. After the first or second pronouncement of divorce, the husband does not take his wife back and pronounces divorce the third time. The third pronouncement makes divorce final and irrevocable, which means that the couple can never re-solemnize their matrimonial relationship unless the condition of halala is fulfilled. This type of divorce is called Irrevocable Divorce/Talaq e Bain Kubra.
Procedure to Divorce
Divorce should be a deliberate decision and after the pronouncement of divorce by husband for its legality, the divorce should be in written form on legal paper and attested by a notary public in the presence of two witnesses. The Dower amount must be paid by husband and if the dower amount is not paid, it is the right of the wife to take dower amount as well as maintenance during Iddah period and Dowry articles in future. The women are generally denied their Islamic right to take dower amount and maintenance till the Iddah period from the husband.
After the pronouncement of Divorce, the application along with the photocopy of the divorce deed is submitted by the husband to the Chairman Arbitration Council/ Nazim Union Council. Within 90 days after receiving of the application along with photocopy of divorce deed by the husband, the Chairman Arbitration Council/ Nazim Union Council Under Section 2 of Muslim Family Laws Ordinance constitutes an Arbitration Council for reconciliation between the parties. If the reconciliation is failed within ninety days, the Divorce becomes effective. The copy of decision of Arbitrator Council duly attested by Chairman of Arbitration Council is sent to each party. If the husband fails to appear in Arbitration Council, he is punishable by imprisonment for a maximum period of one year or with a fine up to Rupees Five Thousand.
The iddah period is the waiting period in which the woman waits before she becomes eligible to engage in a second marriage after separation from her husband or death of her husband. Basically, the iddah period is different for those women who are pregnant and above the reproductive age. For ordinary women, the iddah period is of three months. However, for pregnant women, the iddah period continues until the birth of the child. There is no iddah period for those women who had no conjugal relationship with their husband. The iddah period after khula is one menstrual cycle as prescribed by Islam.
After the divorce and Iddah period, the woman can remarry with another man in a regular manner with the intention of living with him, but if she separates from him by any way, she is allowed under Islamic law to remarry with her former husband if she wishes. The pre-planned halala is a mockery of the divine law and is cursed by Islam.
The divorce matters and the matter of dowry articles, dower amount and maintenance are the most contentious issues between separating couples; Hyder Shar Law Associates provides and takes such matters to plead before the courts of law.
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