“Marriage is the approved social pattern whereby two or more persons establish a family” according to Robert Lowie.
A Muslim marriage is a contract which permits wedlock and procreation and gives legal recognition of the parenthood of the children. A Muslim marriage can be dissolved mainly in two ways .They are-
- By the death of any parties.
2. By Divorce.
A Muslim husband has unlimited power for giving divorce or talaq to his wife .A Muslim man who wishes to give talaq his wife, can give in two recognized ways by The Classical Hanafi Law .
Talaq-al-Bida : If a Muslim husband pronounce three talaq at a time in a single tuhur period . In this form of talaq there is no chance for revocation and the talaq wiil be effective instantly after pronouncement. This type of talaq is also known as “Triple Talaq”
Talaq-al-Sunnah : Giving talaq by following the rules of Sunnah is known as Talaq-al-sunnah. According to Sunnah talaq can be done in two ways
(i) Talaq-al-Hasan : Pronouncing single talaq by the husband during the tuhur period and should abstain from sexual intercourse with his wife followed by another pronouncement during next tuhur period, after third pronouncement the talaq will be effective . After third pronouncement of talaq there is no chance for revocation.
(i) Talaq-al-Ahasan : It is the most approved form of Muslim talaq . Pronouncing single talaq by the husband during the tuhur period and should abstain from sexual intercourse for next three months, after that talaq will be effective. This form of talaq is revocable and not need any intervening marriage.
# Tuhur period : when a women’s menstrual cycle is not running.
# Iddat Period: After the talaq has been pronounced by the husband , his wife must have to wait a certain period before contracting another marriage. If a women get divorced by her husband the period is 3 months , by the death of her husband the period is 4 months and 10 days . If the women is pregnant the period will be the time until she delivered her baby.
A Muslim husband has unlimited power for giving divorce or talaq to his wife whereas a Muslim women can give divorce under some specific circumstances. Some of them are given below:-
Talaq-al-Tafweez: It is mainly a power, given by a husband to his wife where she can
give divorce the husband under some specific condition .In this kind of divorce the husband is bound to pay dower money to the wife. The power of Talaq-al-Tafweez is mentioned on the clause number 18 of Nikah Nama.
Khula: Khula means talaq by mitual consent of both the husband and wife. There must be consideration papers from the wife , husband is not bound to pay dower money. This kind of dissolution is done under The Dissolution of Muslim Marriage Act, 1939.
A Muslim women married under Muslim law can claim a decree of dissolution of her marriage under some specific grounds mentioned in section 2 of The Dissolution of Muslim Marriage Act, 1939. Namely:-
i. If the whereabouts of the husband is unknown for four years.
ii. If the husband has neglected or failed to provide maintenance of his wife for two years.
ii(a). If the husband remarry in contradicting the provisions of The Muslim Family Laws Ordinance,1961.
iii. If the husband has been sentenced to seven years imprisonment or more .
iv. If the husband failed to perform marital obligations for three years.
v. If the husband is impotent from the time of marriage and continuous to be .
vi. If the husband is insane for two years and suffering from leprosy or virulent
vii. If the wife have been given marriage by her guardian when she was below 18
years . She can dissolve her marriage when she attains the age of 18 to 19 years
old.[ Khair-al- Bulug ]
# If any women gets a decree for her marriage dissolution, she have to send a written notice for dissolving her marriage to The Chairman with a copy of that decree . Within 30 days of receiving the notice The Chairman will make an arbitration council consisting the members of both parties for reconciliation. If the reconciliation could not be done in 90 days the dissolution of that marriage will be effective.
A Muslim husband who wants to give divorce or talaq his wife have to go through the below process mentioned in Section 7 of The Muslim Family Laws Ordinance ,1961. Namely:-
- Any Muslim man after pronouncing talaq have to give a written notice to The Chairman and also have to supply a copy to his wife .
- If anyone violates the provisions of sub-section 1 will be punished simple imprisonment not exceeding 1 year and fine not exceeding 10,000taka or both.
- Unless the talaq is revoked before, it will not effective until the expiration of 90 days from the when the notice was delivered.
- Within 30 days of reciving the notice The Chairman will make an arbitration for bringing a reconciliation between the parties . He can take any necessary steps for reconciliation.
- If the wife is pregnant at the time of talaq is pronounced ,talaq will not be effective until she delivered the baby.
- A Muslim women whose marriage has been dissolved by talaq can remarry the same husband without intervening marriage unless such termination has done for three times.
# In easy words, the husband will send a written notice to The Chairman after pronouncement of talaq. Within 30 days of receiving that notice The Chairman will make an arbitration council consisting the members of both parties for reconciliation. If the reconciliation could not be done in 90 days the talaq will be effective .If The Chairman fails to create an arbitration council within 90 days ,the talaq will be effective that time also.