Divorce

Divorce is the formal separation from a spousal relationship initiated by the husband. It may be expressed through explicit or implied words, either orally or in written form, and can be pronounced directly or through representation.

Under Islamic law, there are three main types of divorce:

1. Revocable Divorce (Talaq-e-Rajaee)

2. Irrevocable Divorce (Minor Degree) — Talaq-e-Bain Sughra

3. Irrevocable Divorce (Major Degree) — Talaq-e-Bain Kubra

1. Revocable Divorce (Talaq-e-Rajaee)

In this form, the husband pronounces divorce once — the most common practice. During the Iddah period (waiting period), if the husband wishes to resume marital relations, he may revoke the divorce unconditionally.
According to Islamic principles, the couple should ideally continue to live under the same roof during this period to encourage reconciliation.

2. Irrevocable Divorce (Minor Degree) — Talaq-e-Bain Sughra

In this case, the husband pronounces divorce once or twice at different intervals. Even after the Iddah period, the husband may reunite with his wife through re-solemnization (Nikah) before pronouncing the third divorce.
However, after the third pronouncement, the divorce becomes final and irrevocable.

3. Irrevocable Divorce (Major Degree) — Talaq-e-Bain Kubra

When the husband pronounces divorce three times in succession without reconciliation, the divorce becomes final and irrevocable.
The couple cannot remarry unless the wife lawfully marries another man and that marriage ends naturally (Halalah). Islam strictly prohibits any pre-planned or arranged Halalah, condemning it as a mockery of divine law.

Procedure of Divorce under Pakistani Law

1. The husband must issue a written divorce deed (Talaq Nama), signed and attested by a Notary Public in the presence of two witnesses.

2. The dower (Haq Mehr) must be paid to the wife, and she retains her right to maintenance during the Iddah period and recovery of dowry articles.

3. The husband submits an application with a copy of the divorce deed to the Chairman Arbitration Council / Union Council under Section 2 of the Muslim Family Laws Ordinance, 1961.

4. Within 90 days, the Arbitration Council attempts reconciliation between the parties.

5. If reconciliation fails, the divorce becomes effective.

6. Failure of the husband to appear before the council may result in imprisonment (up to one year) or a fine (up to Rs. 5,000).

Iddah Period

The Iddah period is the waiting duration before a divorced woman can remarry:

• Ordinary cases: Three menstrual cycles (approximately three months)

• Pregnant women: Until childbirth

• Women without conjugal relations: No Iddah applies

• After Khula: One menstrual cycle

The purpose of Iddah is to ensure clarity regarding pregnancy and provide emotional and financial security to the woman.

Halalah (Remarriage)

After the completion of Iddah, a woman may remarry any man of her choice. If that subsequent marriage ends naturally (through divorce or death), she may remarry her former husband.
However, any pre-planned Halalah arrangement is considered invalid and sinful under Islamic law.

Legal Assistance by Shabir Shar Law Associates

The matters related to divorce, dower (Haq Mehr), dowry articles, and maintenance are often complex and sensitive.
Shabir Shar Law Associates provides expert legal representation and advisory services in all family courts of Pakistan. Our experienced family lawyers ensure that your case is handled with dignity, confidentiality, and legal precision in accordance with Islamic and Pakistani laws.