What is Divorce?

A divorce is the legal termination of a marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country. In most countries, monogamy is required by law so that each person can only have one spouse at any given time. Divorce should not be confused with annulment, which declares that a marriage never existed.

Meaning of Divorce in Islam

Divorce or dissolution of marriage is a legal process in Islam. It is described to be one of the most hated permissible acts that Allah has allowed. A man may divorce his wife by repudiating the marriage either three times at once, or by pronouncing it once and waiting three months before pronouncing it again. If he divorces his wife in this manner, then she must wait for three menstrual cycles before remarrying.

If a man divorces his wife by repudiating the marriage thrice, then they are not permitted to remarry unless he first marries another woman, consummates the marriage, and then divorces her in order for him to marry his original wife again. This law is known as halala.

The Procedure of Divorce in Islam

Divorce in Islam is called “Talaq”. In the Urdu language, it is pronounced as “Talaaq”. The word Talaaq means “freeing or undoing a knot”. Therefore, the meaning of divorce is freeing or undoing the knot of marriage.

In Islam, Divorce can take place by way of a husband divorcing his wife or by the wife seeking khula from her husband, in which case the divorce is initiated by the wife and not the husband.

The procedure for both types of divorce (by a husband and by a wife) are given below:

Divorce through Family Court in Pakistan

Divorce can be sought by filing a petition under section 7 of the Family Courts Act 1964. The petition must be filed within one year of the marriage and must be filed in the court of the district in which the couple last lived together. The petition should include:

• the name and address of the petitioner

• the grounds for divorce

• the name, occupation, and address of the respondent

• whether any children have been born as a result of this marriage

A man or woman can seek divorce through the family court under the West Pakistan Family Courts Act 1964. The court can grant a decree for divorce after the expiry of 90 days from the date of service of notice on the other spouse, subject to appear in court.

Divorce by Mutual Consent:

A husband and wife may apply to the court for dissolution of marriage by mutual consent at any time after their marriage. If they satisfy certain conditions, which are set out in Section 10(B) of the Muslim Family Laws Ordinance, 1961, and explain that there are chances of reconciliation between them. The courts will inquire into such matters at their discretion and either dismiss such applications or order it to be referred to mediation centers or experts for counseling.