Majority
of the population of Pakistan are Muslims. Among these Muslims the majority
follow the Sunni Sect. Among the Sunni Muslims there are four schools of
thoughts namely the Hanafi, Shafi, Maliki and Humbli. In Pakistani Law most of
the laws are derived from Hanafi and Shafi Schools of thought.
There
are two ways by which a man and a wife can end matrimonial relationship. The
man has the right to divorce the wife. On the other hand the wife has the right
to take Khula from Husband. There are three different ways by which talaq can
be pronounced. That classifies talaq into further three types which are:-
1.
Talaq-e-Ahsan
2.
Talaq-e-Hasan
3.
Talaq-e-Bidat
Talaq-e-Ahsan
means the best of talaq. In Talaq-e-Ahsan the husband pronounces single talaq
to wife during a tuhr (time period between menstruations). On such
pronouncement the Iddat period of wife starts which is three months according
to Islamic Law. The parties in this kind
of talaq are at liberty to reconcile within 90 days. Sexual intercourse during
this period ends talaq otherwise it becomes complete talaq on the expiry of Iddat
period.
Talaq-e-Hasan
consists of three talaqs which are given in three successive Tuhrs. No sexual
intercourse takes place during this time period and eventually talaq happens after
90 days.
Talaq-e-Bidat
is not liked by God. It means that the husband pronounces three talaqs in one
single tuhr to the wife. The spouses have to end the relationship of marriage
on such pronouncement once and for all. It means that there is no room for
reconciliation left in this kind of talaq. Even if the husband pronounces three
talaqs in anger or in an unserious mood, the relationship ends up.
All
the above mentioned talaq types are unilateral. The wife has no option to
revoke talaq on her own in all three cases. Similarly when talaq is by mutual
consent of husband and wife then it’s known as Talaq-e-Mubaraat. In this kind
of talaq the husband and wife both lose their right to revoke talaq. A wife is
not prohibited to remarry same husband if she is in Iddat period after the
pronouncement of talaq. However that option ends up once 90 days time period
passes own from the pronouncement of talaq.
All
the concepts of talaq are derived from Islamic Law which includes various
sources of information. The top four sources of Islamic Law are Quran, Sunnah,
Ijmah and Qiyas. The Imams of different schools of thoughts have difference of
opinion regarding the family laws. However in Pakistani law mostly Hanafi point
of view is followed. At some places we find Hambli and Shafi point of law
enacted in the family laws as well.
As
far as talaq proceedings for obtaining talaq certificate are concerned they are
initiated under section 7 of the Muslim Family Law Ordinance, 1961. Practice is
that majority of the people giving talaq don’t obtain talaq certificate. Commonly
the husband gives talaq deed to the wife to end relationship and the spouses
get married again on the bases of that.
A
fact is that in Pakistan more than 75% people live below poverty line. They don’t
have means for their survival and we cannot expect from them to follow the procedures
mentioned in various enactments. There are many poor communities in Pakistan
which do not go for registration of marriages and talaqs. When they have to get
married they verbally get married and similarly they orally pronounce talaq to
end up relationships. This practice happens even today in most areas of the
country.