TALAQ-I-TAFWEEZ, CONDITION IN NIKAHNAMA, LIA'N, SECTION 7 FAMILY LAW 1961

TALAQ-I-TAFWEEZ

CONDITION IN NIKAHNAMA

LIA’N

PROVISIONS OF S.7 MUSLIM FAMILY LAW ORDINANCE 1961

Where wife exercises the delegated right of divorce, S.8

Of the Muslim Family Ordinance, 1961 provides that provision of S.7 of the Ordinance, would apply mutatis mutandis. No formal mode for the exercise of the right is prescribed in the Ordinance. Notice in writing to the Chairman Arbitration Counsel about the exercise of the right is the only requirement. Wife making pronouncement.

                                    By executing the deed and transmitting the copies to the husband and the Chairman, Arbitration Counsel. Such notice, by all means, is a “TALAQ”. Under S. 7(3) of the Ordinance, 1961 notice of “TALAQ” if not revoked will become effective after the expiry of 90 days of its delivery to the Chairman Arbitration Counsel.

CONDITION IN NIKAHNAMA, RESTRAINING WIFE CLAIMING TALAQ ON

 GROUND OF KHULA.

                                                One of the conditions as envisage in nikahnama allegedly restraining wife from approaching the Family Court for TALAQ on the ground of khula. Family Court still has jurisdiction to entertain a suit for dissolution of marriage on the score that there is no estoppel against the law and any condition which is against public policy or the very intent and provision of law is void and without any legal effect. Family Court coming to the conclusion that on the basis of evidence on record it was not possible between the parties to live together within the limits of God.

Concurrent findings of the Court below upheld by the Supreme Court.   

 LIA’N

Lian means imprecation. It is considered to imply a false charge of adultery brought by the husband against his wife. In such a case the wife is entitled to sue for a divorce on the ground that her husband has falsely charged her with adultery. If the charge is proved to be false, she is entitled to divorce but not if it is proved to be true. In the case of Lian, the testimony which is required is that the husband swears four times by God that he speaks the truth. As such, if a man charges his wife with adultery he shall be called upon on the application of the wife, either to retract the charge or to confirm it by oath, coupled with an imprecation in these form:

“The curse of God be upon him if he was a liar if he cast at her the charge of adultery.”

The wife must then be called upon, either to admit the truth of the imputation or to deny it on oath coupled with an imprecation in these terms:

“The wrath of God be upon me if he is a true speaker in the charge of adultery which he has cast upon me.”

If the wife takes oath, the Qazi must believe her and pronounce a separation between the parties.

Lian proceedings are initiated only in cases where the husband has no other evidence. Once the wife refuses the allegation of Zina against Hadd in the manner laid down in Quran she is completely absolved of guilt.