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DIVORCE)

The document discusses divorce laws in Pakistan, summarizing the main types of divorce under Islamic law: [1] Talaaq ur Raj’ee, which allows the husband to divorce his wife clearly and explicitly; [2] Talaq-e-Ba'in, an irrevocable divorce through ambiguous words requiring the wife to observe iddah; and [3] Talaq-e-Mughallazah, complete divorce after three utterances. It also outlines the grounds and process for annulment through the courts (fasakh) or a wife-initiated divorce (khula). Overall it provides an overview of divorce and women's rights within the framework of Islamic jurisprudence in

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Nimra Qasim Mian
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167 views34 pages

DIVORCE)

The document discusses divorce laws in Pakistan, summarizing the main types of divorce under Islamic law: [1] Talaaq ur Raj’ee, which allows the husband to divorce his wife clearly and explicitly; [2] Talaq-e-Ba'in, an irrevocable divorce through ambiguous words requiring the wife to observe iddah; and [3] Talaq-e-Mughallazah, complete divorce after three utterances. It also outlines the grounds and process for annulment through the courts (fasakh) or a wife-initiated divorce (khula). Overall it provides an overview of divorce and women's rights within the framework of Islamic jurisprudence in

Uploaded by

Nimra Qasim Mian
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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DIVORCE LAWS IN PAKISTAN

PRESENTED BY: Fiza Tariq


Namra Qasim Mian

INTRODUCTION

WHAT IS TALAAQ?

DEFINITION OF TALAAQ
"Divorce means the dissolution of marital relationship between the spouses (zaujayn) personally or through an agent or a deputy or a delegate, with specific words or allegorically, immediately or consequently.

DIVORCE LAWS IN PAKISTAN

DEFINITION OF TALAAQ
O Prophet! when ye divorce women, divorce them before their waiting-period; and count the waiting period; and fear Allah, your Lord. Drive them not out of their houses, nor should they go forth, unless they commit a manifest indecency. These are the bounds of Allah; and whosoever trespass the bounds of Allah, hath surely wronged himself.

KINDS OF DIVORCES IN ISLAM


1. Retractable divorce(Rajiee)

2. Divorce is still retractable but with outside intervention (Bain) 3. Non-retractable

KINDS OF DIVORCES IN ISLAM


1. Retractable divorce(Rajiee)

2. Divorce is still retractable but with outside intervention (Bain) 3. Non-retractable

1. Talaaq ur Rajee

Talaaq ur Rajee is that type of divorce where the husband divorces his wife in clear and explicit terms I divorce you , or You are divorced. Once the husband utters such words, the wife becomes divorced and she has to sit in Iddah (waiting period).

2. TALAQ-E-BAINN

TALAQ-E-BAINN
Irrevocable divorce Husband uses ambiguous or vague words to divorce his wife For example, the husband tells his wife Pack your bags and get out or You are no more my wife or Go to your father s house . Talaaq ul Baain will only take place if the husband has the intention of divorce at the time of uttering these words. Once the husband has issued one or two Talaaqul Baain, the nikaah has been broken and she has to sit in Iddah. If the husband wishes to take back his wife, a new Nikaah will have to be performed.

3. Talaaq e- Mughallazah
Talaaq-e- Mughallazah is when the husband issues three divorces to his wife. Once the husband issues his wife with three divorces (Talaaqur Rajee or Talaaqul Baain), their nikaah is completely broken. She cannot marry him until Halaalah has taken place

1. Talaaq ur Rajee

Talaaq ur Rajee is that type of divorce where the husband divorces his wife in clear and explicit terms I divorce you , or You are divorced. Once the husband utters such words, the wife becomes divorced and she has to sit in Iddah (waiting period).

Fasakh (marriage annulment)


Fasakh means to annul a marriage. A decision on fasakh may be made only by the Court after hearing the wife's complaint.

Grounds for Fasakh


Husband has neglected or failed to provide for her maintenance for a period of three months; Husband has been sentenced to imprisonment for a period of three years or upwards and such sentence has become final; Husband has failed to perform, without reasonable cause, his marital obligations for a period of one year; Husband was impotent at the time of the marriage and continues to be so; Husband is insane or is suffering from some chronic disease the cure of which would be lengthy or impossible and which is such as to make the continuance of the marriage relationship injurious to her;

Grounds for Fasakh


Husband treats her with cruelty, that is to say Habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical illtreatment; Associates with women of ill repute or leads an infamous life; Attempts to force her to lead an immoral life; Obstructs her in the observance of her religious profession or practice; Lives and cohabits with another woman who is not his wife; or If he has more wives than one, does not treat her equitably in accordance with the requirements of the Muslim law; and

Khulaah
Khulaah is the prerogative of a wife as divorce is a male privilege. A wife does not have to have a lengthy list of genuinely Islamic reasons to initiate the process of Khulaah. She also does not need consent from her husband to do so. As divorce is a right of husband Khulaah constitutes a thorough choice of a wife. We do not see any restrictions placed upon a wife in this regard by the Prophet (PBUH) himself. Jamilah bint Salul got Khulaah through the Prophet (PBUH) just because she did not like her husband. The Prophet (PBUH) asked her to return the garden which she took as dowry from him.

Fasakh Vs Khulah

A husband and wife that have dissolved their marriage through fasakh method could return to the same husband and wife with a new akad (marriage contract) and dowry, Whereas in Khulah the marriage cannot be renewed without halala.

Legislation of a Time-frame for a divorce to take effect as norm for humanity


The Islamic law requires a cooling period so that decisions about divorce are not upon instantaneous emotional outbursts but based upon thoughtful considerations. Some scholars require presence of two witnesses for the divorce to be lawful. They argue that as marriage cannot be contracted except in the presence of two witnesses, it cannot be nullified without the presence of two witnesses.

Legislation of a Time-frame for a divorce to take effect as norm for humanity

Is Women empowerment misunderstood?????

Legislation of a Time-frame for a divorce to take effect as norm for humanity

Is islamic perspective on Divorce misunderstood??

Hadith on Divorce

Instructions on Divorce (Talaq) In Islam As Per Quranic Verses


Divorce can only be given during purified period known as tuhr. Woman can be divorced if she is pregnant. It should be noted that divorce will be still valid if it is granted against these quranic instructions. However they are discouraged After having divorce, woman should stay to her husband's home till the end of iddah i.e three months of tuhr While divorcing a woman, man should witnessed two persons. Please note that witnessing is better for both parties. Otherwise divorce will be legally valid without witness too. Iddah period of old women is three lunar months if she can no more reproduce. During iddah period, husband is responsible to bear expenses of his divorced wife. If divorced wife is pregnant, the man is responsible to bear all her expense till delivery and expense of his child after birth as well.

When does divorce become invalid?


1. Drunk. 2. Forced to utter them by someone else. 3. In a complete loss of temper to the extent that he is unaware of what he is saying. 4. In an abnormal state of mind, such as temporary madness, epilepsy or in a coma. 5. In such cases, divorce is null and void.

Gallup Survey

70% jobs will be earmarked for women in primary education. 60% of the funds out of Punjab Education Sector Reforms Program (PESRP) allocated to fund facilities to girls schools.

A hostel facility will be provided in at least one District Degree College for Women at the District Headquarter.
All tehsils shall have at least one women degree college. All Women Colleges (Intermediate, degree and post-graduate) without adequate transport shall be provided buses.

ROLE OF NGOS
Abroo KhwendoKor Potohar Organization for Development Advocacy (PODA)

WSO- Women Social Welfare Organization

SWSS- Support with working solution

All Pakistan Women Association

UNDP

FUTURE DEVELOPMENT

ISSUES!!!
Trainings of female teachers, issue of absenteeism, provision of infrastructure

Opening more women universities, which can help in empowering the women through education.

Future Policies Gender Gap

CONCLUSION

CONCLUSION

VIDEO

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