Marriage Dissolution Practices Laws and

Dissolution of Marriage: Prevalent Practices and Laws vs.
Islamic Teachings
Marriage Dissolution: Practices, Laws and Islamic

Teachings
Shagufta Omar
Abstract
The institution of family occupies a highly important position in Islam. Besides
regulating human marital relations it plays a key role in the development and progression
of a well-entrenched social order. Unlike certain other religions, Islam however does not
regard marriage above dissolution and gives this right to both the spouses. It considers
this relationship a social contract between two independent and pubescent persons and
introduces checks and balances to protect and secure the rights of all stakeholders in this
matter - husband, wife, children and the society large.
Pakistan is a Muslim majority state with different laws in practice concurrently such as,
Pakistan Penal Code (PPC), Muslim Family Law Ordinance (MFLO), Hadood
Ordinances. In addition to some conflicts in implementation of different sets of laws,
ignorance of Islamic teachings, prevalent laws and local culture and traditions too play a
very significant role in the matters related to separation between couples in the society.
With this in the background, the present paper, discusses the marriage and its dissolution
in the light of Islamic teachings, contemporary practices and prevalent laws in Pakistan.
The paper also attempts to put spotlight on the issues emerging as a result of the conflict
between the three said factors and their impact upon the stability and integrity of the
institution of family. In the end recommendations are provided to remove discrepancies
between laws to bring the sufferings to a common person to a minimum.
2 Marriage and its Dissolution

Marriage is highly revered and extolled in Islam and accorded a detailed treatment
both in the holy Quran and the Sunnah of the prophet (pbuh). It is, for instance,
called as the sign of God,1 a way of Prophets2 and the sunnah of Muhammad
(pbuh).3 Quran uses the simile of a garment4 to describe the unique relationship
between husband and wife and asks both the partners to be very kind and
respectable to each other. It also assigns different specific roles to each of them to
ensure a smooth functioning of the institution of family emerging as a result of
marriage contract between husband and wife in a prescribed way.
 Lecturer / Research Associate, Dawah Academy, IIUI

1
Rome : 21
2
Al Raad : 38
3
Ibn Maja , book of nikah
4
Al- Baqara :187
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Dissolution of Marriage: Prevalent Practices and Laws vs. Islamic Teachings
Islam treats marriage as a permanent institution with specific roles and responsibilities
assigned to each member of it. Islam disallows all forms of extra-marital relations, both
before and after marriage and declares them a culpable crime.5 In other words, its concept
of establishment and integrity of family is diametrically opposed to the viewpoint which
stands for sexual laxity in the garb of human rights such as reproductive rights,
legalization of abortion, prostitution and homosexuality, etc.
This also stands a unique feature of Islam that unlike certain other religions it does
not rule out the possibility of dissolution of marriage as a last resort between
estranged couples. Describing divorce as the most detestable act among the
permissible things,6 Islam gives both the partners the right to terminate it, though in
different ways and conducts under different circumstances and situations. In the
proceeding pages, we shall discuss termination of marriage issue in the light of
prevalent practices in the Pakistani society, country laws and the teachings of Islam.
2.1 National Laws
Establishment and dissolution of marriage take place under different laws and ordinances
issued at different occasions by different governments in Pakistan. Lack of awareness
regarding them often creates problems for couples entangled in different disputes,
restraining them on the other hand to struggle for their rights. With reference to
dissolution of marriage, following Family laws (FLs) are in practice in the country: 7
 Guardian wards Act (GWA) 1890
 Child Marriage Restraint Act (CMRA) 1929
 Dissolution of Muslim Marriage Act (DMMA) 1939
 Muslim Family Laws Ordinance (MFLO) 1961
 Muslim Family Law Rules (MFLR) 1961
 Reconciliation Courts Ordinance (RCO) 1961
 The West Pakistan Muslim Personal Law, Shariat Application Act
(WPMPLSAA) 1962
 West Pakistan Family Courts Act (WPFCA) 1964
 West Pakistan Family Courts Rules (WPFCR) 1965
 Hadd-e-Qazaf Ordinance (HQO) 19798
Notwithstanding the fact that most of the articles and clauses of these laws are in
conformity with the teachings of Islam, there are also certain areas where the conflict
among these creates an awkward situation in particular for women.
5
AL Noor : 2
6
Abu Dawood, Al-Talaq chapter 131
7
Muhammad Aslam Hayat, Manual of Family Law,Khyber Laws Publishers, Lahore.
8
Law & Practice of Islamic Hadood, Emmanuel Zafar, Khyber Laws Publishers, Lr
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Role of Courts in Family Disputes

WPFCA 1964 and WPFCR 1965 deal with family disputes in the following manner:
 under section 5 of WPFCA 1964 the Family courts (FCs) have been empowered
to deal with the cases of dissolution of marriage (including Khula), dower,
maintenance, restitution of conjugal rights, custody of children, guardianship,
dowry, personal property and belongings of wife.
 In spite of establishment of separate FCs, the existing civil courts are given
additional powers of FCs.
 Amendment 2002 in WPFCA 1964, provided the facility of filing different
articles in a single suit.
 Section 6 of WPFCR 1965, provides that suits for dissolution of marriage or
recovery of dower, may be filed in a court within the local limit of which the wife
ordinarily resides. This provision is given to facilitate the women.
 According to the section 19 of the same act, the court fee for any plaint or
memorandum of appeal is only Rs. 15, again to facilitate the women. It is worth
mentioning that the court fee of ordinary civil suits is Rs. 15,000.
3 Marriage Dissolution: An Analysis

Dissolution of marriage in Pakistan takes different forms such as separation without
divorce pronouncement, talaq, khula, talak-e-mubarat, talaq through delegated right of
divorce, and dissolution of marriage through court. Eila and Liaan are two other forms
of separation between husband and wife as per the teachings of Islam not much common
in the society. An analysis of prevalent practices vs. Islamic teachings and national law is
presented in the following section.
3.1 Separation without Divorce
Couples in such cases live separately with their respective families, though formal
termination of marriage is withheld. This practice basically stems from the desire
either to avoid the stigma of divorce or to seek escape from the spousal torture. It is
also considered a remedy, temporarily until the better sense prevails and the differences
are resolved amicably. A woman in such situations, however, has to undergo a lot of
mental stress and indignation. Though deprived of the shelter of the husband, legally she
cannot strike a new marriage without terminating the first one while the husband can
avail this option. Children in such situations in particular suffer badly because of the
denial of moral and financial support otherwise due to them by their father.
This practice for sure runs against the teachings of Islam which does not allow
keeping the first wife in a fix for the sake of striking a new marriage. 9 Instead, it asks to
divorce her decently or resolve the differences with her affably10. One can also gauge it
from the fact that, unlike the pre-Islamic practice of staying away from wife without
9
Al – Nisa : 129
10
Al Baqara 229
9/18/2014 3
divorcing her, it even allows a woman to remarry if her husband has gone missing11.
Similarly, in the case of eila, a husband cannot stay away from her wife for more than
four months,12 failing to revert during this period, results in one irrevocable divorce
(talaq-e-bain). Re-solemnization of marriage becomes inevitable to keep the marriage
bond intact.13
Prevalent family laws in Pakistan also do not approve of this kind of separation. For
instance, section 2 of DMMA 1939 says that a woman can annul her marriage on
thirteen grounds in addition to any other ground recognized by the Sharia. This
clearly implies that she can finish her marriage in the above mentioned situation.
Section 8 of MFLO also deals with means other than divorce, to dissolve a marriage,
where as it’s Section 6, declares striking second marriage without the prior permission of
first wife a crime punishable with imprisonment or fine or both. In such case this very
section implies payment of the entire dower, whether prompt or deferred to the existing
wife or wives. Present wife can also claim her maintenance if the husband wriggles out
of this responsibility. However if the wife herself opts to leave husband’s house the
maintenance is denied to her.
Thus, if looked into closely, one comes to the conclusion that notwithstanding clear
provisions of country laws and Islamic teachings, the prevalent practice survives.
Options for most of the women in such cases are quite limited and they are forced to
live with this trauma hoping that things take a positive turn one day.
3.2 Divorce
Divorcing wife is unfortunately seldom a smooth affair as it more often than not is given
in a mode of aggression, against the prescribed way of sunnah. Pronouncement of three
divorces in a breath is a common practice in the society In addition to character
assassination, women are denied their accommodation and maintenance rights during
iddat (waiting period). Because of the pronouncement of three divorces in a stretch, a
divorcee does not live in the house of her husband as is asked by the Quran if
divorced is pronounced during three separate sittings over a period of three months.
Withholding of dowry and other belongings of divorcee is also a common practice in the
society at such occasions. Custody and maintenance of children remain as two most
contentious issues between the separating couples, resulting to take the matter to court by
them respectively.
Islamic teachings on the other hand are quite different. In fact the Quranic
injunctions for talaq were set out to eliminate the exploitation of women kept in a fix,
confining them to permanent torture, even if the marriage was not working. The essence
 It should always be a well thought out decision delivered in the period of tohar
of the Quranic orders in this regard can be briefed as follows:
(when woman is pure from menses)14
11
Ashraf AliThanawi “Ahkam-e-Talaq o Nizam Sharai Adalat”p108, Al Faisal, Lahore
12
Al Baqara 226
13
Justice. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, IRI. IIUI.
14
Sura Al Talaq : 1
9/18/2014 4
 It should be pronounced in such a way to guard the iddat period, so that the
provision of rejoining can be utilized.15
 The husband has the right of pronouncing talaq twice only, with iddat period in
between, and then either he has to rejoin or separate his wife with kindness.16
 Wife should spend the iddat period in the case of revocable divorce with her
husband17 with a view that it might help them reconcile with each other
 It is obligatory upon husband to provide maintenance and accommodation during
the iddat period.18
 It is obligatory upon husband to provide maintenance to a pregnant or lactating
woman, till that period is over, both in the case of revocable or irrevocable
divorce19
Based upon Quranic teachings Prophet Mohammad (SAW) explained the procedure
and mode of divorce clearly. In the light of these guide lines Muslim jurists set out
the detailed rules for all matters related to divorce. Some of them are discused.as
follows:
 Discussing the effects, any talaq given for the period during which the husband
can revert back to his wife even without her consent, is called talaq-e-rujaee.
After one or two pronouncements even if the iddat period expires the husband has
the option of taking her back by re solemnization, with the consent of the wife.
This type of divorce is called talaq-e-bain. Where as after three pronouncements
the divorce becomes final called talaq-e-mughalaza, excluding all possibilities of
rejoining between the couple, except with an extra ordinary condition of halala.
 In the course of halala the divorcee woman, who remarries another man in a
regular manner with the solemn intention of living with him, but again
unfortunately separates from him due to his death or divorce, is allowed under
Islamic law to remarry her former husband.20 However the ugly custom of pre
planned halala is a mockery of the divine law and is cursed by Prophet
Mohammad (SAW).21 Caliph Omar and Abdullah bin Omar considered such
marriages as adultery.22
 The best kind of sunnah way of divorce is talaq-e-ahsan, means pronouncement
of divorce once in tohar with no conjugal relations in that period, and then
waiting for the entire iddat period, completing the divorce. During the iddat
23
period the husband has the absolute right of ruju either through.
15
Sura Al Talaq : 1
16
AL Baqara : 229 , 231
17
sura Talaq 1
18
Al Talaq : 1
19
AL Talaq : 6
20
Al Baqara : 230
21
Tirmizi,Book of Nikah,894/ Ibn-e-Maja,Book of Nikah,1572
22
Ibn-e-Abi Shaiba, 4 / 294 / Safia Iqbal, “Woman and Islamic Law”p 202, Islamic Publications. Lr.
23
Abdul Jalil Qasmi, Islam ka mukammal nizam-e-Talaq”p34,Tayyab Acadmy,Multan
9/18/2014 5
 Jurist call the second kind of sunnah way of divorce as talaq-e-hasan, meaning
pronouncing divorce three times with a gap of one tohar period of women,
between each pronouncement,24 so that each party could have ample time at its
disposal to review and re examine its standpoint regarding the dispute between
them.
 Three divorces pronounced in a stretch against the sunnah way has been termed
as talaq-e-biddat, by the Muslim jurists. With reference to the effectiveness of
three divorces at once, two opinions among Muslim jurists prevail. One is
considering such divorce as one pronoucement and the other as three.and final
called talaq-e-mughalaza.25 It is however unanimously agreed upon that such
divorce is against suunah and highly disliked. Once Prophet Mohammad (SAW)
was informed that a man had pronounced a triple divorce on his wife, he rose in
anger and said, “Is the book of Allah being played with although I am still present
among you26
 Dower has to be paid to the divorcee if it is not already paid. It may involve
following situations27: she would get full dower if it was fixed and the two had
conjugal relations; it will be on the basis of precedence in the family if not fixed
but conjugation has occurred; it will be half if fixed but there was no conjugal act;
some gifts will be given if there was neither fixed dower nor conjugal relationship
 Wife will have a right on her belongings. Same will be the case with the things
given to her by her husband28
 God fearing people are asked to give muta-e-talaq (parting gift) to their ex-wives
at such occasions according to their own financial status.29
 Iddat period for pregnant, non-pregnant and above fertility age woman is
different. For the last two it is three months30 but for the first one till the birth of
the child31. There is no waiting period for a woman who had no conjugal
relations with her ex-husband32
 In case of separation, mother has the right of the custody of child 33while husband
is under obligation to provide maintenance to the child/children.34
24
Ibid p36,
25
Salahuddin Yusuf. Aurtun kay imtiazi masail o qawaneen. Pp 185 to 189, Darussalam, Pak.…
26
Sunan Nisai, Al Talaq,hadith no. 3430.
27
Syed Jalal ad din Omari, “Musalman aurat ke haqooq aur un per aitrazat ka jaiza”pp123,124.al Faisal
Lahore
28
Al Baqara : 229
29
Al Baqara : 241, 236
30
All Baqara : 228
31
Al Talaq : 4
32
Al Ahzab : 49
33
Abu Daud lil AlbaniHadith 1991 / Hidaya, p, 138.
34
Al Talaq :6
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 Mud-slinging and character assassination is strictly forbidden for the parting

couples35
So far as family laws are concerned in this regard, it should be taken note of that
divorce matters in the country are settled as per section 7 of MFLO 1961. The detail of
this procedure is as follows:
 Divorce deed in original is required to be sent, by the husband to the wife.
 Notice of divorce along with the photocopy of divorce deed is to be submitted by
the husband to the CAC/ Nazim Union Council (NUC)36 as soon as he
pronounces divorce.
 The CAC constitutes Arbitration Council (AC) within 30 days of the receipt of
divorce notice, for the purpose of bringing about reconciliation between the
parties, taking all necessary steps in this regard. Section 2 (a) of MFLO defines
that the CAC and a representative of each of the parties of this matter will
constitute the AC.
 After 90 days of deliverance of the divorce notice to the CAC, talaq would be
effective, if not revoked during the period.
 In case of the pregnancy of the wife at the time of pronouncement of the divorce,
it is not effective until the period of 90 days or the delivery of the child,
whichever ends, latter.
 At the expiry of 90 days, the copy of the decision of the AC (reconciliation or
divorce), duly attested by the CAC, is furnished to each party.
 Failure to provide notice of divorce to the CAC is punishable for imprisonment of
one year maximum or with fine extending to Rs. 5000.
 The complaint of failure to provide the divorce notice can only be filed by the
CAC. However in the province of Punjab after a law amendment, the wife can
also file the complaint.
Many clauses of section 7 of MFLO are repugnant to the teachings of Islam creating
confusions and problems. Few of them are discussed below:
 In case of irrevocable divorce there is no room for reconciliation procedure, in
Islam as it becomes effective forthwith. Where as in this ordinance no distinction
between revocable and irrevocable is made.
 MFLO does not accept the validity of a divorce not properly notified to the
chairman union council who against that issues a certificate to the concerned
parties. Furthermore it does not accept any implication of divorce till 90 days
after the notice of divorce to the CAC, are over. On the contrary according to
Islamic law the divorce is effective the moment it is pronounced, be it revocable
35
Al Baqara : 229
36
In the present district Govts. System, Nazim of every union council has been given the additional powers
of Chairman Arbitration Council.
9/18/2014 7
or irrevocable.37 Shariat Appellat Bench of the Supreme Court (SABSC) of

Pakistan, in one of its decisions has also maintained so, which is being used as
authoritative precedence onwards.38
 The MFLO determines 90 days for effectiveness of the divorce, whatever the case
may be. Iddat in Islamic law is not same in different situations. There is no iddat
period for a woman divorced with no conjugal relations with her husband.39 The
ordinance, however, debars her from second marriage until the expiry of 90 days.
Furthermore, it allows and advises for reconciliation through AC and allows
retaking her without nikah, not allowed under Islamic law.40. Similarly, for an
expecting mother, delivery of the child ends the iddat period, be it few days or
many months. She is asked to observe 90 days or the delivery of the child
whichever is longer.
 As per this ordinance counting of iddat period commences from the day the CAC
receives the notice of divorce. Even no time limit is set for the husband to give
the notice by using the words “as soon as possible” in the said section, which
already might prolong the iddat period.
In sum, the prevalent practice of pronouncing three divorces in a breath coupled
with issues such as registration, maintenance rights and custody of children
create a host of problems for the concerned parties leading to blood feuds,
acrimony and mudslinging.
3.3 Khula
It is usually meant as a process through which a woman can dissolve the marriage by
surrendering her different rights such as dower, dowry and bari, etc. It is also widely
believed that it can be obtained only through judiciary and out of court such settlements
therefore are not so common. Women using this right are mostly viewed as
assertive, not much bothered about their children, if any, and parents who are faced
with hard times in such cases. With not much in her name legally, a woman
normally has to surrender jewelry gifted to her by her husband in such cases. There
are also cases when she is pressurized to surrender the rights on articles or even for
that matter property gifted to her not by her husband but her parents.
As far as the Islamic teachings are concerned about this issue, a widely spread
misconception is that in Islam men alone are empowered with the right to dissolve the
marriage. In reality Islam also gives woman the right to dissolve her marriage through an
agreement between the husband and the wife taking the form of khula or talaq-e-
mubarat. In khula the wife desires release from the marriage by paying for it or
surrendering her certain rights41. Where as in talaq-e-mubarat both are desirous of
37
Al Baqara 228
38
Allah Dad vs Mukhtar 1992 SCMR 1273
39
Al Ahzab : 49
40
Syed amir Ali, Qanoon Sharah Mohammadi, p93,nazir sons publishers Lahore
41
Sir Dinshah Fardunji, Mullas Muhammadan Law 2003,p398,Mansoor Book House Lr.
9/18/2014 8
separation reaching out at a mutual transaction.42 This divinely granted right of khula is
expressly stated in the Quran as follows;
“If you, (judge) do indeed fear that they would be unable to keep the limit ordained by
Allah, there is no blame on either of them if she gives something for her freedom. These
are the limits ordained by Allah, so do not transgress them.”43
There is a consensus among jurists that it is unjust44 for a husband to receive something
from her wife if he is oppress ant. However, if a woman is guilty and seeking divorce,
the husband can receive something from her which should not be more than he had given
her or was supposed to give her as the dower.45
Effect of dissolution of marriage through Khula is like talaq-e-bain following it the two
cannot rejoin each other without a fresh solemnization of marriage. 46 The jurists of four
top sects in the Muslim world hold that Khula can be decided at bilateral level but to
some it can only be obtained through a competent court47. Iddat period after khula is one
menstrual cycle as described by Prophet Mohammad (SAW) and his companions.48
Using the right of khula without reasonable and logical grounds is disapproved in Islam
as according to a saying of prophet Mohammad (SAW) such women will not be able to
get even the fragrance of Jannah.49
Family laws of Pakistan are very clear about this issue and it is dealt with under
Section 8 of the MFLO. Khula comes into effect by an offer from the wife to
compensate the husband, to release her from marital rights. With mutual consent she can
get released through talaq-e-mubarat.50 In the light of a judgment of court, production of
evidence by a woman is not necessary to establish that she cannot live with her husband
anymore51. Effect of Khula is talaq-e-bain, following the two can join only after re-
solemnization of marriage.
Thus, the fact of the matter remains that this right is seldom exercised by a woman
out of court and in many cases she has to surrender not only the gifts given to her by
her husband but also the belongings and property gifted to her by her parents to
avoid court litigations and character assassination.
42
Ibid
43
Al Baqara :229
44
Justice. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2,. IRI. IIUI.
45
Justice Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, pp574,575. IRI. IIUI.
46
Mohammad Taqi Usmani,Fiqhi Maqalat,vol.2 pp141,142.Memon Islam Publisher Al Faisal, Lahore.
47
Mohammad Taqi Usmani,Fiqhi Maqalat,vol.2 ps140.Memon Islam Publisher Al Faisal, Lahore.
48
Justice. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, pp599,. IRI. IIUI.
49
Tirmizi, Book of Talaq,1187,/ Abu Daud,Book of Talaq, 1947
50
PLD 1969 Lah.
51
1991 CLC Note 284
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3.4 Dissolution through Court

A Woman in Pakistani society normally does not seek separation from her husband and
goes to every possible extent to resolve her differences with her husband at family level.
In extreme cases, she would again seek to terminate her marriage through the intervention
of elders in family. She approaches a court for dissolution of marriage only when her
marital life is faced with troubles but the husband is not willing to terminate it either to
keep her in a limbo or to keep it intact positively. Ratio of the cases approaching the
courts is increasing since the decision of completing the family cases within six months is
enforce.
Muslim jurists believe that a judge under certain circumstances can terminate a marriage
even without the consent of a husband. For instance, husband has gone missing, lost
sanity, not paying maintenance rights or is impotent. Similarly, if he is unwilling to fulfill
marital obligations, the court can intervene and, despite his unwillingness, can separate
him from his wife52. The effect of dissolution of marriage through court is like talaq-e-
bain i.e the two can always rejoin by fresh solemnization of marriage.
DMMA 1939, section 2 provides a woman the right to terminate her marriage if her
husband:
 is missing,
 has failed to provide maintenance,
 is sentenced to imprisonment for seven years,
 has failed to perform marital obligations,
 is impotent,
 is insane,
 is suffering from leprosy or venereal disease,
 is cruel,
 is associated with women of evil repute,
 attempts to force her to lead an immoral life,
 disposes off her property,
 obstructs her from religious practice,
She can also dissolve the marriage on the basis of option of puberty and any other ground
recognized by shariat law, under the section mentioned above. As discussed above, the
issue has been under discussion in different circles since long and was consequently
duly taken up by MFLO under Section 8. That said, it needs to be underlined that
approaching judiciary by a woman for the dissolution of her marriage is granted
both in Islam and the country laws. The society however does not approve of it
while litigations at courts also make it a rarely availed option for women.
52
Abdul Jalil Qasmi, Islam ka mukammal nizam-e-Talaq”pp209,210,Tayyab Acadmy,Multan
9/18/2014 10
3.5 Delegation of Divorce Right to Women

This is yet another option available for dissolution of marriage under which a
woman is granted the right to annul her marriage. This option is rarely availed by
women in the society mostly because of ignorance about this provision in marital
contract. The parents of a bride also do not seek this right for their daughter
considering it a bad omen to start marital life with. Since the option is there on the
official marriage contract paper, people normally cross it even without consulting
with bride. In literate class of the society in urban areas in general and aristocracy
in particular, there are increasing number of cases to seek this right especially at the
occasion of marriage.
So far as the religious aspect of this issue is concerned, a broad consensus exists that
Islam gives woman the right to seek this power from her husband which can be delegated
both verbally as well as in writing, at the occasion of marriage solemnization or
afterwards, with different forms and conditions.53 If required she can divorce herself and
dissolve the marriage. Once delegated this right can not be repudiated. Husband’s right
of divorce remains intact even after delegation of this right to his wife.
MFLO also acknowledges this right to women. For instance, according to column 18
of the prevalent nikah nama the husband may delegate the power of divorce to his wife
with conditions arrived at by the parties. The divorce notice by wife is required to be sent
to the CAC who issues divorce certificate following the failure of reconciliation efforts
from the platform of AC.
In sum, though there is no religious or legal dispute on this issue but owing to lack
of awareness and superstitious thinking few women avail this option while men
normally do not support this option.
3.6 Liaan
Liaan is just another Islamic way of separating a couple when a husband levels adultery
charges against his wife but unable to produce four witnesses to prove that. While going
through Liaan the court asks the accuser to swear four times to prove his accusation
while the fifth time he invokes that Allah’s curse be upon him if he is guilty of lying54.
The same procedure is repeated by wife to prove her innocence55. After the Liaan process
(swearing) the judge will separate them. Through Liaan they are separated for ever by the
court and can never remarry.56 According to Hanafi school of thought, if the husband
accepts his false allegation, he has the right to revert to his wife before the separation by
the court has taken place.57
53
Justice. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, pp392,393,. IRI. IIUI.
54
Al Noor :6,7
55
Al Noor : 8
56
Justice. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, p735, IRI. IIUI.
57
Justice. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, p737, IRI. IIUI.
9/18/2014 11
As a matter of fact, this concept is almost totally non-existent in Pakistani society,

either because of general unawareness or lack of trust in judicial system. In most of
the cases if a husband is suspicious about the loyalty of his spouse he does not revert
to this principle and finishes off his marriage. Some people also use it as a ploy to
get rid of their partners for what so ever reason. A wife however normally avoids
leveling such a charge against her husband to escape any extreme situation. She may
also face physical torture against it for allegedly tarnishing her husband’s honor
and prestige. With this option least in practice, some people resort settle the issue of
adultery by killing the accused commonly known as honor killing.
Section 14 of the HQO 1979 deals with this issue. Before the promulgation of this law
our courts were not able to dissolve the marriage on the basis of Liaan.58The wife can
also file a regular suit for dissolution of marriage, under MMFA 1839 on the ground that
her husband has falsely charged her with adultery. In the case of charge proving false she
is entitled to a decree, but not if it is proved to be true.59
Unfortunately, in an utter disregard to the Islamic teachings and the prevalent
country laws, many people resort to this practice on different grounds in Pakistan.
Aside from challenging the writ of the state, it also provides a room to the crooked
people to exploit the situation for their vested interests.
3.7 Eila
Swearing of husband not to have conjugal relations with her wife for more than four
months is called eila. In pre-Islam Arab society this practice was present but Islam
categorically disallowed it and gave the spouses a maximum period of four months to
resume their marital relations.60.
Pakistani society is not exposed to this problem and people have very little
knowledge about it in general. However, one also has to accept that exceptions could
be there which remain undisclosed as people avoid discussing their sex relations
with their partners in most cases.
Jurists believe that if the husband does not revert to his wife, verbally or practically,
during this period of time, one irrevocable divorce (talaq-e-bain) happens and re-
solemnization of marriage becomes inevitable to keep the marriage bond intact61.
Family laws of Pakistan do not ignore this issue either. For instance, WPMPLSAA
1962, section 2 refers to eila. Furthermore sub clause (ix) of section 2 of MMDA 1839 is
sufficiently wide to cover all grounds for marriage dissolution recognized by the Muslim
laws.
58
Js. Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, p739, IRI. IIUI.
59
Sir Dinshah Fardunji, Mullas Muhammadan Law 2003,p414,Mansoor Book House Lr.
60
AL Baqara :226
61
Jsustice Tanzil-ur-Rahman, “ Majmooa Qawaneen-e-Islam”, vol.2, IRI. IIUI.
9/18/2014 12
In shot, there can be certain cases of this practice but they seldom come to the fore
as people mostly avoid discussing such matters in public.
3.8 Khiar-e-baloogh (Option at Puberty)
The right to terminate childhood marriage on attaining puberty is called as Khiar-e-

baloogh under Sharia. Prescribing the consent of both members as mandatory for
effectiveness of the nikah, Islam determines the right of khiyar-e-baloogh for both,
husband and wife. On attaining pubescence both the sexes become qualified to dissolve
or continue their marriage in this situation, before consummation of marriage. 62 Effect of
khiyar-e-baloogh is of talaq-e-bain with possibility of remarriage.
Early age marriages exist in Pakistani society in one form or another. There are cases of
engagements of children, in tribal and primitive rural areas, even prior to their birth
paying least attention to the divine right of mutual choice and compatibility. Due to social
taboos and ignorance of shariat and law, in such cases the concerned parties fail to avail
their right of dissolution of marriage if both or any one of them does not approve of it
It must be taken into account that according to international standards of the UN
convention on the rights of the child, a child marriage is defined as involving girls under
18 years of age. Where as according to CMRA 1929 prevalent in Pakistan, marriage of
girls age 16 and boys age 18 and over is not classified as child marriage. Under CMRA
1929 contracting a child into marriage by any male above is a punishable crime.
Laws practiced in Pakistan also consider it a cognizable offence. For example,
according to Section 2(vii) of DMMA 1939, a female child of less than 15 years, having
been given in marriage by her father or any other guardian, has the right to repudiate the
marriage before attaining the age of 18 years, provided the marriage has not been
consummated. On using the right of khiar-e-baloogh, decree of the concerned court is
required as the decree of dissolution of marriage.
The Prevalent law does not recognize the right of khiar-e-baloogh for the male child
provided to him by the shariat. True, the male child after puberty has the right to divorce
his wife, but in that case he will have the liability of paying the dower, as well as will
lose his right of re solemnization if the divorce was not revocable.
It can be thus held safely that the practice of child marriage exists in Pakistan and
neither the Islamic condition of Khiar-e-baloogh nor the existing law abided by in this
regard.
3.9 Problems Faced in Marrige Dissolution
This section elucidates various problems experienced by the concerned parties, especially
women, in the course of dissolution of marriage.
62
Sadrudin Islahi,Islam mein nikah ke qawaneen,pp63,64.Islamic Publications Lr.
9/18/2014 13
3.10 Determination of Iddat (waiting period)

Counting of waiting period starts the moment divorce is pronounce. This practice in
Pakistani society is quite in line with the teachings of Islam63. However, MFLO,
section 7, declares it from the day divorce notice is received by the CHAC. Furthermore,
MFLO fixes 90 days waiting period in all cases of separation, whereas iddat in Islamic
law is not same in different situations, such as pregnancy, non-pregnancy and woman
beyond pregnancy age, or with no conjugal relations with husband. 64 Thus ambiguity is
created in determining the iddat period posing problems in getting maintenance rights.
Speaking precisely, people have to suffer a lot because of this ambiguity as those
believing in dishonesty and personal vendetta implicate such women in adultery
cases while their husbands are also harassed and booked for allegedly wedding
married women.
3.11 Maintenance during Iddat
The right of divorcee to maintenance and accommodation during waiting period is
seldom acknowledged due to general lack of awareness from the basic teachings of
shariat in the society.
The Quran, for instance, explicitly commands a divorcing husband to provide residence
and maintenance to her wife for the iddat period which is three menstrual courses or the
total period of pregnancy or three months (in the absence of pregnancy and
menstruation), after pronouncement of divorce. Furthermore he is required to pay her
wages for two years for feeding her children conceived through him. Quran states:
“Let the women live (in iddat) in the same place (style) as ye live, according to your
means. Annoy them not, so as to restrict them. And if they carry (life in their wombs),
then spend (your subsistence) on them until they deliver their burden and if they suckle
your (offspring) give them their recompense and take mutual counsel together, according
to what is just and reasonable…”65
So far as Pakistan is concerned, Under section 9 of MFLO and section 5 of WPFCA
1964, one can claim maintenance at the time of divorce or later on with backdate
implications. For instance, if a woman claims that her husband expelled her from home
after divorcing her, she can get the maintenance rights from that very day by proving it in
a court of law.
AC under MFLO, section 9, is also authorized to determine and restore maintenance
rights of a divorcee during the waiting period. The present law, however, is silent about
the rights of accommodation of a divorcee. When a woman dissolves her marriage
through khula she stakes her right of maintenance during her iddat, both in the prevalent
law as well as according to shariat.
63
Al Baqara 228
64
Al Baqara : 229, Al Talaq : 4, Al Ahzab : 49
65
Al Talaq : 6
9/18/2014 14
Since divorce is seldom a smooth affair, provision of maintenance rights to divorcees

during waiting period is commonly denied and courts are approached by the
aggrieved party to settle the dispute.
3.12 Maintenance after Iddat
A divorced woman is entitled to get maintenance from her husband until the expiration of
the iddat period and no further. IQW 1994 in its report, published in 1997 recommended
that a husband should be forced to provide maintenance to his ex-wife until her death or
second marriage.66 This recommendation finds no justification in Islam. Interestingly,
Section 125-A of Criminal Procedure Code (CPC) of India states that a husband is bound
to provide maintenance to his ex-wife until her death or second marriage. Muslims were
exempted from this decision under section 127 (3) (B) after a strong protest by them.67 In
1985, in Shahbano case the supreme court of India gave the ruling regarding the
maintenance rights of a divorcee even after the iddat period, but Shahbano after getting
to know the law of shariat, appealed the court to withdraw this ruling.68
It should be appreciated duly that according to Islamic teachings no provisions for the
maintenance of a divorcee after the iddat period are made in the prevalent laws.
By discontinuing maintenance after the iddat period, Islam has in fact rendered a great
favor on her, freeing her permanently from any dependence or pressure from her ex-
husband.
Thus, denial of maintenance right to such woman puts additional financial burden
on her parents besides inflicting upon her mental torture and agnation.
3.13 Hizanat (Custody and education of Children)
Custody of children poses grave threats when divorce has been affected between the
parties. In most cases a father tries to take them in his possession on different grounds
including allegedly the loose character of the divorcee. This despite the fact that
according to Hanafi school of thought, a mother is entitled to keep her male child with
her until he is seven years old and the girl child until she attains puberty.69 According to
Shafi school of thought, the mother’s custodial right over her girl child is until her
marriage70 In case of mothers death, the right to hizanat rests with the maternal
grandmother, the paternal grand mother, the child’s full sister, the maternal aunt
(nearest), the paternal aunt (nearest) the maternal sister, the paternal sister, in order of
preference71. However if any of these or the divorced mother, should marry a stranger
66
Report of the Inquiry Commission for women 1994,published 1997,pp37,
67
safia Iqbal, Women and Islamic Law,p217,Islamic publications.
68
Lahore
69
Hidaya p 138
70
Ibid
71
Safia Iqbal, Women and Islamic Law,p207,Islamic publications.Lr.
9/18/2014 15
(not a relative), her right to hizanat is lost72 but recovered again if the marriage is
dissolved.73
A father can have his children after the lapse of hizanat period since by that time the
child can live an independent life with the help of his father. According to Hanafi school
of thought, after 7 years of age the hizanat period of a male child lapses, however he can
opt to live with any of his parents out of his free will once he is pubescent74. At this point
obligation upon his father to provide his maintenance is over which can be continued out
of his own choice75, though, he can necessarily keep him in his custody for the
supervision and training requirements of the child.76 Similarly, a mother is free to take
her child in her custody or refuse to do so77.
There are two worth noting points behind the transfer of the custody of child to father
once the hizanat period is over.
 Being an earner, a father can better support his children to pursue his/her
education and life career at this age.
 Possession of children on permanent basis minimizes the prospects of second
marriage for a divorced mother. It is a kind of injustice to her in that case.
Furthermore, jurists unanimously agree that either the father or mother cannot keep
the children beyond the access of the other78
The hearing of child custody cases is the sole prerogative of district level FCs under
WPFLR 1964 and GWA Act 1890. A district judge can hear such a case himself or
transfer it to a court situated in the area where the appellant woman comes from.
In short, this is among the most contentious issues between parting couples and both
religious teachings and country laws are blatantly violated for personal ends. Court
litigations further aggravate the situation.
3.14 Maintenance Rights of Children
The prevalent practice that a father refuses to comply the maintenance rights of his
children if they are in the custody of a divorced mother. In such situation, the mother
experiences heterogeneous problems to make both ends meet. Islam on the other hand
makes it incumbent upon a father to provide maintenance to his children either parents
are living together or separated through any means. Maintenance rights of an expecting
divorcee, lactating mother after divorce & maintenance of children during hizanat period,
discussed earlier, clearly support this claim.
72
Abu Daud book of talaq, 1991
73
74
Fatawa Mufti Sayah ud din Kaka Khail,Tafheem ul Ahkam,vol. 1,pp319, Maarif-e-Islami Lr.
75
Ibid
76
Ibid
77
78
Muslim, chapter Al bir wa sila,2555
9/18/2014 16
Noteably, Section 9 of MFLO in the same vein makes it an obligation upon a father to
provide maintenance to his child if he/she is in the custody of his ex-wife. In the case of
a male child, father is responsible till his pubescence, while in the case of girl till her
marriage. If denied, FCs can force him to provide maintenance to his child including his
education expenses, with no consideration to the present financial status of his ex-wife.
However, if the male child prefers to live with his mother even after puberty, the law in
that case is silent about his maintenance rights from his father.
3.15 Issues Related to Mehar (Dower)
The payment of dower is considered to be linked with divorce and very few people pay it
at the occasion of solemnization of marriage or afterwards. In some cases it is fixed
heavily as a deterrent to divorce instead of a right of the wife ensured. On the other hand,
a meager amount is settled as sharai mehar, misunderstanding the Islamic Law. Such
practices cause hurdles in the smooth termination of marriage and a woman in many
cases has to approach courts for Khula.
It should not be over looked that It is an obligation upon a husband to pay mehar to
his wife 79unless she willingly forgoes it80. No amount of mehar is fixed in
sharia,81but the best according to a hadith is the one which is easily paid.82 Mehar
has to be paid to the divorcee if it is not already paid. It may involve following
situations: she would get full mehar if it was fixed and the two had conjugal relations;
it will be on the basis of precedence in the family if not fixed but conjugation has
occurred; it will be half if fixed but there was no conjugal act; some gifts will be
given if there was neither fixed dower nor conjugal relationship83
Payment of mehar is so important that even if a man passes away without doing so, it
is obligatory upon his heirs to pay it to the wife.84. Similarly, if the wife dies, her
heirs can make demand for it.85
Section 10 of MFLO states that in case the mode of payment of dower is not defined at
the occasion of marriage, the full amount of dower shall be payable on demand at the
time of divorce.
The point however remains that the payment of dower at the occasion of marriage is
not so common for various reasons. As a matter of fact, it also causes a delay in the
amicable separation between estranged couples, both at bilateral as well as judicial
level.
79
Al Nisa : 4, 24, Al Ahzab : 50.
80
Al Nisa : 4
81
Bukhari, Book of Nikah / Muslim, Book of Nikah.
82
Abu Daud, Book of Nikah, 1859
83
Lahore
84
Abu Daud,Book of Nikah, 1859/Tirmizi, 1145.
85
Women Aid Trust, Wirasat ki taqseem, kia, kyoon aur kaise? P, 24.
9/18/2014 17
3.16 Muta-e-Talaq (Parting Gift)

According to Quran a believer is required to provide material support as muta-e-talaq to
woman at the occasion of permanent separation.86 According to Imam Abu Hanifa, it is
only appreciable but not mandatory while Imam Shafi holds it as compulsory.87
This concept is however almost non-existent in Pakistani society. On contrary, in most of
the cases, she is teased and troubled bordering on sheer injustice and cruelty.
Interestingly, payment of parting gift to a divorcee at the occasion of separation is
mandatory in India under Indian Muslim Women Act (IMWA) 1986. 88 However, there
is no legislation exists in this regard in Pakistan.
Thus, unfortunately the concept of parting gift is neither existent in the Pakistani
society nor the country laws talk about it in any way despite the fact that Quran
does so in categorical terms.
3.17 Second Marriage of a Divorcee:
Divorce and second marriage of divorcee especially for women, is looked down in
Pakistani society under the influence of Hindu culture and traditions. Prospects of
remarriage are further reduced for a divorcee if the children of her ex-husband happen to
be in her custody, as men do not opt to take a wife with children from previous marriage.
In the case of male divorcee with children it is not very difficult to remarry as a wife
easily accepts husbands children from previous marriage.
Islam on the other hand gives a divorcee the right to remarry. To this end, it asks a
husband to separate his wife decently in case he cannot live with her and doesn’t become
a hurdle in her way to remarry89. Transferring the possession right of children of a
divorced couple after a certain period of time from mother to father is also aimed at
facilitating her in this regard.
Many examples of women remarrying after the death of their husbands or after divorce
are observed in the time of Prophet Mohammad (SAW).90 If the marriage was
consummated, the wife may marry another husband after the completion of her iddat. If
the marriage was not consummated, she is free to marry immediately. The husband
separated through any means of dissolution can marry immediately after, as there is no
waiting period for him. With talaq-e-bain in any case both can remarry, but when the
husband has repudiated his wife by three pronouncements (talaq-e-mughalaza) it is not
lawful for him to marry her again, except under extraordinary condition of halala. I
Remarriage of a divorcee at time become a big issue because of a contradiction
between the MFLO and Hadd-e-zina Ordinance (HZO) 1979. The MFLO does not
accept the effectiveness of divorce not registered with CAC, therefore a divorcee and her
new husband entering a new marriage are at times intimidated and harassed by her ex-
86
Al Baqara :241, 236
87
Safia Iqbal,’ Women and Islamic law”pp, 211,Islamic Publications Lr.
88
Ibid pp211, 212
89
Al Baqara : 232
90
Syed Jalal ad din Omari, “Aurat Islami Muashre mein”, pp364,365,Islamic Publications, Lr.
9/18/2014 18
husband who implicates them in adultery cases under HZO 1979. As stated earlier the
decision of SABSC used as authoritative precedence 91has eased the suffering
In short, in an utter disregard to the Islamic teachings the society does not
encourage the remarriage of a divorcee. Conflict in different country laws also
contributes to aggravate the situation.
4 Recommendations
 Importance of the institution of family as the foundation stone of Pakistani society
cannot be denied for obvious reasons. It is also a fact that family laws, with
certain exceptions, as practiced in Pakistani society are in line with the teachings
of Islam and provide a good mechanism for the amicable separation between
estranged couples. Therefore, a close look at the issue reveals that while certain
improvements in the family laws aside, the nub of the problem is not the existing
laws but the failure to implement them in letter and spirit. Similarly, it also stands
as a sad reality that awareness about true Islamic teachings vis-à-vis prevalent
practices also makes the situation problematic for a common person. Last but not
the least, due importance has not been given to the issue and scientific analysis
based on relevant data and statistics regarding the reasons and causes behind such
cases in the society is missing. Statistics regarding provision of mehar,
maintenance and accommodation during the idatt period specially pose a big
challenge in this regard.
Considering all this the following recommendations are made to improve the situation:
Improving Laws
 A fine balance should be maintained between legal experts and religious scholars
in the constitution of different committees and commissions formed for the
appraisal of laws.
 The state should ensure to remove flaws in FLs in keeping with the teachings of
Islam but should avoid unnecessary intervention in family code, just as it was
recommended in the report 1997 of IQW 1994, to incorporate the FLs of the
United Nations and other countries in Pakistan’s FLs. FLs practiced in other
Muslim countries be examined from the point of view of shariah and benefited
from.
 In addition to delegated right of divorce (point 18), some other points can also be
added for the attention of groom and his family in the marriage certificate i.e.,
provision of maintenance during iddat period in case of divorce, payment of
mehar and division of property made during this relationship, possession right of
wife on the things bought or earned by her during marriage period. It should be
properly made known through media. One can find a precedence of it in a 12-
point marriage certificate practiced in Iran
91
Allah Dad vs Mukhtar 1992 SCMR 1273
9/18/2014 19
 . The preventive action that can be adopted in the spreading epidemic of mindless
triple divorces is to attach a harsh penalty, under tazeer. In the era of caliph Umar
(may Allah be pleased with him).such a person was ordered to be flogged.
 Punishment should be fixed for non-payment of mehar and maintenance as well.
 Registration of divorce and its effectiveness and the role of AC under MFLO be
made compatible with the teachings of Islam. To this end following steps should
be taken:
o The validity of divorce be not linked with the registration of divorce. The
ordinance itself does not link validity of nikah with the registration of
marriage. As stated earlier the decision of the SABSC in this regard has
maintained this.
o Easy ways should be found out for registration of divorce such as registration
of it at ward level with nikah registrar. Similarly, both husband and wife
should be entitled to register it. Under MFLO presently the husband can file
the divorce notice only, and if the wife verbally or in writing receives divorce
directly from her husband, she cannot report it to the CAC.
o AC be established at UC level to mediate before the pronouncement of
divorce, instead afterwards to remove all sort of discrepancies regarding iddat
period, revocable state of divorce and others.
 Alike to solemnization ceremony, presence of two witnesses be made compulsory
at the time of the pronouncement of divorce also. It can be deducted from the
verse 2 of sura Talaq which says:
“And take for witness two persons from among you, endued with justice, and
establish the evidence (as) before Allah, such is the admonition given to him who
believes in Allah and the last day. And for those who fear Allah, He (ever) prepares a
way out”
 Deriving a principle from this verse some jurists declare presence of two
witnesses compulsory, both at the time of pronouncement of divorce and at
revoking time. The four famous schools of thought however believe that it is not
an obligation but just a persuasion. Shia school of thought believes in the
presence of witnesses in the said case.
 In case of failure to give divorce notice to CAC and to take permission for second
marriage, the complainant can only be the CAC and not the wife, except in Punjab
province after an amendment in law. Following the Punjab amendment of law
(MFLO) other provinces should also make such amendment.
 Muta-e-talaq to the divorcee be ensured through legislation, which has been
established as a sign of piety for men.
 Regarding the maintenance right of children, the father should be made
responsible till the completion of their education.
9/18/2014 20
Awareness campaign
 A crash program to educate the masses in the basics of FLs, will help effectively.
People should be made to realize that the only correct pattern of every action is
the Quranic way set out by the Prophet Mohammad (SAW).
 General awareness should be created in married people about their mutual rights
and responsibilities. There should be pre-marriage education of spouses through
different means such as curriculum and orientation courses. Specially created
institutions or institutions involved in training at different levels, should be used
to impart this orientation.
 All important matters related to marriage and divorce should made part of the
syllabus starting from secondary level of education.
 Masajid, madaris and educational institutions must play their due role as social
institutions to guide people in family issues on regular basis.
 Nikah Nama should contain precise information on divorce procedure, issues of
iddat, and other related matters to educate both members of the contract. Bride
and bridegroom should be informed about FLs on the occasion of marriage.
 Counseling institutions be established at different levels to help married people in
maintaining a smooth family life. Non-governmental organizations, district and
union counselors and people at large should be motivated to provide their services
in this regard. Elders and senior citizens be motivated and trained to provide
counseling and mediatory services to estranged couples at village and mohalla
level.
 Information related to marriage, family life and divorce in the light of shariat
should be provided in the form of simple and uncomplicated way through
electronic and print media.
Orientation to Professionals
 Lawyers, judges, parliamentarians and executioners of laws should be apprised of
national laws alongside the teachings of Islam.
 Ulama and religious scholars must develop a good understanding of national laws
regarding family issues and help legislature to introduce laws in this regard.

ABREVIATIONS:
GWA Guardian wards Act 1890
9/18/2014 21
 CMRA Child Marriage Restraint Act 1929

 DMMA Dissolution of Muslim Marriage Act 1939
 MFLO Muslim Family Laws Ordinance 1961
 MFLR Muslim Family Law Rules 1961
 RCO Reconciliation Courts Ordinance 1961
 WPMPLSAA The West Pakistan Muslim Personal Law, Shariat
ApplicationAct 1962
 WPFCA West Pakistan Family Courts Act 1964
 WPFCR West Pakistan Family Courts Rules 1965
 HQO Hadd-e-Qazaf Ordinance 1979
 HZO Hadd-e-Zina Ordinance 1979
 SABSC Shariat Appellat Bench of Supreme Court
 PPC Pakistan Penal Code
 FCs Family Courts
 CAC Chairman Arbitration Council
 AC Arbitration Council
 UC Union Council
 NUC Nazim Union Council
 SAW Sallallaho Alehe wasallam
 IQW Inquiry Commision for Women 1994
 FLs Family Laws
GLOSSARY OF TERMINOLOGIES:
 Abu Daud
 Aurat
 Balooghat
9/18/2014 22
 Bari
 Bukhari
 Caliph
 Dower
 Dowery
 Eila
 Hadd
 Halala
 Hanafi School of Thought
 Hazrat
 Hizanat
 Iddat
 Jannah
 Jirga
 Khiar-e-Baloog
 Khula
 Lia’an
 Majmooa-e-Qawaneen
 Mehar
 Mohalla
 Muslim
 Muta-e-talaq
 Muttaqeen
 Nasab
 Nazim
 Nikah
 Nikah Nama
 Qawaneen
 Shafi
 Shariat
 Sunan Nisai
9/18/2014 23
 Sunnah
 Talaq
 Talaq-e-Ahsan
 Talaq-e-Bain
 Talaq-e-Bidat
 Talaq-e-Hasan
 Talaq-e-Mubarat
 Talaq-e-Muggaliza
 Talaq-e-Raj’ae
 Tazeer
 Tirmizi
 Tohar
 Ulama
9/18/2014 24

Marriage Dissolution Practices Laws and

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Dissolution of Marriage: Prevalent Practices and Laws vs.

Marriage Dissolution: Practices, Laws and Islamic

2 Marriage and its Dissolution

 Lecturer / Research Associate, Dawah Academy, IIUI

Role of Courts in Family Disputes

3 Marriage Dissolution: An Analysis

(when woman is pure from menses)14

 Mud-slinging and character assassination is strictly forbidden for the parting

or irrevocable.37 Shariat Appellat Bench of the Supreme Court (SABSC) of

3.4 Dissolution through Court

3.5 Delegation of Divorce Right to Women

As a matter of fact, this concept is almost totally non-existent in Pakistani society,

The right to terminate childhood marriage on attaining puberty is called as Khiar-e-

3.10 Determination of Iddat (waiting period)

Since divorce is seldom a smooth affair, provision of maintenance rights to divorcees

3.16 Muta-e-Talaq (Parting Gift)

 CMRA Child Marriage Restraint Act 1929

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