Divorce or Talaq Demands Reconsideration
Divorce in Islam is called talaq. Divorce or talaq should always be considered a last resort, and it is strongly recommended to explore other alternatives—at least four attempts of reconciliation by the husband or wife—before proceeding with a divorce. Divorce or talaq, if not conducted properly according to Islamic law, may cause complications and disputes for both spouses after the separation.
In Islamic jurisprudence, marriage is considered a legal contract. A man can dissolve the marriage unilaterally without the involvement of an arbiter, based on the guidance of the Prophet (s.a.s.), who stated, “The man has the right to choose divorce.”
Islamic law regarding divorce is clear, fair, and straightforward. The husband must pronounce “Talaq” three times. There are multiple methods to carry this out. Talaq by three pronunciations at a single sitting is sometimes practiced in Pakistan; however, such a divorce is illegal under the current family laws in Pakistan. There are six other recognized methods of pronouncing Talaq, which are even more appropriate and compliant with Islamic principles. Understanding these procedures is crucial, especially when navigating the Divorce Law in Pakistan, which ensures both spouses’ rights are protected and legal formalities are correctly followed.
About Divorce and Family Lawyers of Right Law Associates (Pvt) Ltd
Divorce and Khula are the primary practice areas of our highly professional family lawyers at the Divorce & Family Law Section of Right Law Associates (Pvt) Ltd. Among the various law firms and practicing advocates in Karachi and Islamabad, our team stands out for providing dedicated and expert services for family-related legal matters.
Divorce Process in Islam
The divorce (Talaq) process can vary according to different Fiqas of Islam:
- Sunni Muslims: Witnesses are not required for Talaq proceedings. The husband must make three separate declarations with a waiting period of one month between each.
- Shia Muslims: Two witnesses are required to sign the Divorce Deed to ensure validity. The waiting period (Iddat) must be at least three months.
- Khula: A woman can initiate divorce through a family court with territorial jurisdiction by filing a family suit for “khula.” She must observe the waiting period to ensure she is not pregnant before finalizing the process.
Additionally, after completing the divorce proceedings, certain formalities like Divorce Certificate Attestation in Pakistan may be required to validate the divorce for legal, administrative, and personal purposes, ensuring the process is fully recognized both locally and internationally.