Judicial Value of Oral Divorce in Pakistan

Judicial Value of Oral Divorce in Pakistan

Nikah brings two people together for life. Both the mates are directed to support each other in every chapter of life. Parents always try to find the perfect online rishta in Pakistan that can last till last life. However, not every marriage lasts forever. In Pakistan, the rate of divorce is increasing day by day.  Divorce is the most hated but permissible thing to Allah, as our Holy Prophet (S.A.W) once said:

حلال کیے گئے
کاموں میں سے اللہ  کو سب سےذیادہ ناپسندیدہ
طلاق ہے۔(ابنِ ماجہ)

The
common reasons of divorce in Pakistan are domestic violence, misunderstandings,
illiteracy, age difference, education differences, in-law cruelty, caste
differences, etc. Mostly men pronounce divorce in anger and spoil the beautiful
relationship of nikaah. The typical people think that simply saying Talaq
verbally to wife can instantly dissolve the marriage. However, the verbal
divorce has no value without the legal procedure. Follow the article to clear
your concept regarding oral divorce, under Islamic teachings and Muslim laws. Divorce
has become the most sensitive topic, so it has to be dealt wisely. Revocable
divorce is permitted in Islam but it is not recommended. To evade any
misinterpretation, Supreme Court makes it mandatory for husband to notify union
council after one divorce.

Verbal Divorce in Islam:

Verbal
Divorce is featuring triple divorce, in which husband have to say “I divorce
you” three times to his wife. However, condition implies in Islamic verbal
divorce, i.e. woman should not be on her menses, she should not be pregnant, etc.
Many people have the misconception about triple divorce that the wife becomes
haram on husband after one divorce. However, you can revoke the talaq by just
returning to your wife, within the period of iddat. Islam has given the margin
on which you can think again about the divorce, but it only work on pronouncing
divorce one time. According to Islamic teachings:

If
it was three simultaneous divorces, then you have disobeyed Allah with regard
to the way in which divorce should be conducted and your wife has become
irrevocably divorced.
(Nasai)

Misconceptions
and lack of education have made the oral divorce a sensitive and uncertain
verdict. Therefore, Pakistani laws are made to make the divorce certain with
its proper regulations.

Oral Divorce under Muslim
Family Ordinance 1961:

Oral
Divorce is not valid without the proper judiciary procedure. According to Muslim
Family Law Ordinance 1961, section 7(1); husband should give divorce one time
for keeping the divorce revocable during iddat period. The iddat period becomes
the reconciliation period for the couple so they can revoke the marriage, if
they want. If man articulates the divorce three times at once, then the divorce
become irrevocable. The irrevocable divorce cannot be cancelled by any mean and
it gets confirmed after 90 days of iddat. The procedure of oral divorce by
legal means contain following conditions:

  • It is also mandatory
    to notify the chairman of union council for confirming the divorce.
  • Husband should
    also send the service of notice copy to the wife. If any person does not
    fulfill the Muslim law’s requirement then the oral divorce would not be
    affected.
  • After receiving
    the Divorce notice, chairman makes arbitration council for the settlement
    between husband and wife. This reconciliation council happens within thirty
    days after given first divorce. If the arbitration council is unable to
    reconcile the dispute, then divorce will be confirmed after 90 days.  However, divorce becomes ineffective in a
    case of pregnancy.
  • The person, who
    violates the provision, will be punishable. The punishment will be imprisonments
    for up to one year, or fine up to five thousand rupees, or both. After
    confirmation of divorce, woman cannot remarry the same husband without the
    intervening marriage that is also known as Halala.
  • During the
    duration of iddat, husband is bonded to give alimony for children and wife
    maintenances. If husband does not pay then wife can claim it in family court.

Written
Divorce:

It is mandatory that husbands pronounce the Talaq verbally in the presence of at least two authentic witnesses. The written divorce is not valid, except if husband is unable to say the Divorce Saheeh orally. Under Shia Law, the condition of two witnesses and oral pronouncement should be available for making oral divorce valid. After divorce, Divorced women are allowed to remarry any person through any matrimonial service, like online shaadi in Pakistan.

Online matchmaking website helps the divorced women and divorced men in finding the better and compatible rishta for second marriage in Pakistan. You just need to create your profile for online rishta in Pakistan by getting the free registration. The attractive and suitable matchmaking packages make the matchmaking service fast and reliable. So, do not get depressed after divorce. Your life does not end on divorce. You can again search your Mr. Right or Miss Perfect here through the service of online shadi in Pakistan.

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