Legal Question in Family Law in Pakistan

we are a pakistani married couple. during chatting on the internet i enraged my husband so far, that he wrote three times, i divorce you, i divorce you, i divorce you! are we now divorced according to pakistan law?


Asked on 1/26/10, 1:28 am

2 Answers from Attorneys

please recall... what words being used by your husband. In fact if the words were "talaq" consequences would be different and if the words were as you mentioned "I Divorce you " then it has no effect according to Muslim Shariah Law. Where as under muslim family law 1961 Written divorce with witnesses and 90 days maturity time with chances of reconciliation within 90 days, is the modus operandi to give effect to divorce.

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Answered on 1/26/10, 2:47 am
Shoukat Ali Sajidi Prudent Legal Professionals

As per Islamic Law, divorce is effective as soon as it is perceived ir-respect of modes and word used in this. However, if the speaker has used ambiguous term then it needs interpretation of the speaker. The words used in any language whether such word perfectly define term "Talaq" or not but intention of the speaker was "Talaq" then it will be considered as valid Talaq. In case woman doing Taqlid of "Issna Ashri" (Shia) Mujtahad then under circumstances described is not effective Talaq.

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Answered on 1/26/10, 9:11 pm


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