Understanding Divorce in Pakistan
Divorce is a significant legal and emotional process that marks the end of a marriage. In Pakistan, divorce is governed by both Islamic Sharia and the country’s family laws. At ApkaWakeel, we aim to make this complex process understandable. This guide will help you to understand divorce within the context of Pakistani law and Islamic principles.
What is Divorce?
Divorce, or “Talaq,” is the legal dissolution of a marriage. In Islamic law, divorce can be initiated by either the husband or the wife, but the process and implications differ.
Types of Divorce in Islam:
Talaq:
Initiated by the husband, Talaq can be given in three forms:
- Talaq-e-Ahsan: The husband pronounces Talaq once during a woman’s period of purity (Tuhr) and then refrains from any marital relations during the Iddat period (three menstrual cycles). If no reconciliation occurs, the divorce is finalized.
- Talaq-e-Hasan: The husband pronounces Talaq three times during three successive periods of purity. If no reconciliation happens during the Iddat period after the third pronouncement, the divorce is final.
- Talaq-e-Biddat: The husband pronounces Talaq three times in one sitting. This form is not widely accepted and is considered against the spirit of Islam by many scholars.
Mubarat:
Mutual consent divorce where both parties agree to dissolve the marriage.
This verse highlights the permissibility of Khula when both parties feel that the marriage cannot sustain the limits set by Allah.
Legal Process of Divorce in Pakistan:
- Filing a Notice: The husband or wife must file a written notice of divorce with the local Union Council. This notice must be delivered to the other spouse and registered with the Council.
- Reconciliation Period: The Union Council initiates a reconciliation process, appointing arbitrators from both sides to resolve differences. This period lasts 90 days.
- Final Certificate: If reconciliation fails, the Union Council issues a certificate of Talaq, finalizing the divorce.
Key Considerations:
- Iddat Period: After a divorce, a woman must observe the Iddat period. During this time, she cannot remarry and is entitled to maintenance from her ex-husband.
- Dowry (Haq Mehr): The wife is entitled to her Haq Mehr, which must be settled before the divorce is finalized.
Role of Legal Representation:
Navigating divorce in Pakistan requires understanding both Islamic principles and legal procedures. At ApkaWakeel, our experienced team of family lawyers provide comprehensive legal support, ensuring your rights are protected. We assist with filing notices and representing you in court if necessary.
Conclusion:
Divorce is a significant change, but with the right guidance, you can navigate this process smoothly. At ApkaWakeel, our professional and experienced team of family lawyers dedicated to providing expert legal services. Whether you are considering divorce or are already in the process, our team of expert family lawyers is here to support and guide you every step of the way.
Understanding your rights and options is the first step towards a new beginning. Contact ApkaWakeel today for personalized legal assistance.