As per Lawkidunya Islamic divorce laws in Pakistan are governed by the Muslim Family Laws Ordinance, 1961, which is based on Islamic principles. Here are key aspects of Islamic divorce laws in Pakistan:
Types of Divorce
1. Talaq: A divorce initiated by the husband, which can be revocable or irrevocable.
2. Khula: A divorce initiated by the wife, where she relinquishes her right to receive maintenance (nafaqa) from her husband.
3. Mubarat: A mutual divorce agreement between the husband and wife.
4. Faskh: A divorce granted by a court, usually due to the husband’s inability or unwillingness to maintain his wife.
Divorce Procedure
1. Notice of Divorce: The husband must provide written notice of divorce (talaqnama) to the Chairman of the Union Council or a Notary Public.
2. Waiting Period: A waiting period (iddat) of three menstrual cycles or 90 days is required before the divorce is finalized.
3. Arbitration: If the divorce is disputed, the parties may be required to undergo arbitration (muhallil) to resolve any outstanding issues.
Rights of the Wife
1. Maintenance: The husband is required to provide maintenance (nafaqa) to his wife during the waiting period.
2. Dower: The wife is entitled to receive her dower (mahr) in full, unless she waives her right to it.
3. Property Rights: The wife has the right to retain any property she brought into the marriage or acquired during the marriage.
Rights of the Husband
1. Revocation of Divorce: The husband can revoke the divorce during the waiting period, unless the divorce is irrevocable (talaq-e-bain).
2. Property Rights: The husband has the right to retain any property he brought into the marriage or acquired during the marriage.
Court’s Role
1. Jurisdiction: The court has jurisdiction to grant a divorce, especially in cases where the husband is unwilling to grant a divorce or where the wife is seeking a khula divorce.
2. Mediation: The court may attempt to mediate a reconciliation between the parties before granting a divorce.
Recent Developments
1. Law of Evidence: The Law of Evidence, 1984, has been amended to allow for the use of DNA evidence in divorce cases.
2. Protection of Women’s Rights: The Protection of Women’s Rights Act, 2016, has been enacted to provide greater protection to women’s rights in divorce cases.
Please note that Islamic divorce laws in Pakistan can be complex and nuanced, and this summary is not exhaustive. It’s recommended to consult with a qualified lawyer or Islamic scholar for specific guidance.
