DIVORCE LAW IN PAKISTAN, KINDS OF DIVORCE, FORMS OF DIVORCE, CAPACITY FOR DIVORCE, WHO CAN PRONOUNCE, WHO CAN NOT PRONOUNACE DIVORCE

 DIVORCE LAW IN PAKISTAN

KINDS OF DIVORCE

FORMS OF DIVORCE

WHAT IS DIVORCE?

Divorce is one of the modes of dissolution of the marriage tie of the husband and wife.

It is the right of a husband to dissolve the marriage. 

• Must read:muslim-family-law-marriage-essentials.html

Divorce is regarded by Holy Prophet (PBUH) to be the "most detestable" before Allah

of all permitted things for its prevents conjugal happiness and bringing of children

DEFINITION OF DIVORCE

AIR 1932 OUDH 34

It is the freedom from the bondage of the marriage.

FORMS OF DIVORCE

UNDER HANAFIS

Under Hanafi's, divorce may be either oral or written.

UNDER SHIA LAW

Oral pronouncement must be coupled with two male witnesses.

KINDS OF DIVORCE

1.TALAQ-E-AHSAN

IT is of single pronouncement of divorce. it is irrevocable even after the expiration of 

period of IDDAT.

2.TALAQ-E-HASAN

It is affected when the husband repudiates his wife during a Tuhr, and he repeats the

repudiation, during the next two Thurs. so makes the divorce final and irrevocable.

3.TALAQ-UL-BIDDAT

It consists of 

(a) three pronouncements during a single Tuhr either in one sentence.

(b) A single pronouncement made during a tuhr clearly indication irrevocable to

dissolve the marriage.

It becomes irrevocable of IDDAT.

4.ILA

If a husband, having attained puberty, Swears by God not to have sexual intercourse                            with his wife for a period of four months or more or for an unspecified period, he is said                              to make ILA

5.ZIHAR

If a husband compares his wife to his mother or any other female within the prohibited

decree, the wife has the right to refuse to him until he has performed penance. In default, the

wife has the right to apply for judicial divorce.

6.KHULA

Khula is separation by putting an end to matrimonial bonds and rights. It is that kind of

divorce in which the wife gives or agrees to give consideration to the husband from her release of the marriage tie.

7.MUBARA'AT

A Mubara'at is a dissolution of marriage by the agreement. There is a mutual desire for separation of the spouses in this kind of divorce. The offer in a Mubara'at divorce may

proceeds from the husband or the wife. 

8.LIAN

The wife is entitled to divorce if her husband has falsely charged her adultery.                                        If the charge is proved to be false, the marriage will be dissolved. 

9.DIVORCE IN THE ABSENCE

Divorce can be pronounced in the absence of the wife. It is essential that the husband should pronounce the divorce to the wife. such divorce is valid and called divorce in absence.

10.JUDICIAL DIVORCE

A marriage may be dissolved at the instance of the wife by a decree of the court in accordance

with the provision of dissolution of  Muslim marriage Act 1939.

DIVORCE UNDER COMPULSION

UNDER SUNNI LAW

If divorce is pronounced under compulsion it is valid

UNDER SHIA LAW 

The Shia law does not recognize talaq pronounce under compulsion or intoxication.

CAPACITY FOR DIVORCE

A Muslim of sound mind, who has attained puberty may dissolve his marriage.

WHO CANNOT PRONOUNCE DIVORCE

1. A MINOR