Divorce

The concept of talaq (divorce) within the Pakistani society is often frowned upon and, as per Islamic principles, should be avoided. However, it is no secret that the Islamic principles on divorce are often misused in our culture, especially when protecting women stripped of their right to exit an unhappy or abusive marriage. It is pertinent for a progressive society to acknowledge that divorce, albeit an undesirable act, is permissible under the Shariah. Islamic law is very particular in drawing proper procedural rules regarding family laws which align with other Islamic injunctions. It lays down three fundamental ways in which two people may part after marriage: divorce, khula and judicial khula. Under the umbrella of divorce, there is also the ‘delegated right of divorce,’ referred to as talaq-e-tafweez. The knowledge on this subject is scant and not necessarily accurate among the masses due to which it faces a lot of criticism, hence, it is crucial to know what talaq-e-tafweez is, what the criticism is about and the correct procedure under which this right can be exercised, both in light of Shariah law and the Pakistani legal system. According to Shariah, the right to divorce vests principally with the husband rather than the wife. But this power may be delegated by the husband to his wife or a third party, with or without attaching conditions. This right to delegated divorce has also been acknowledged and provided in Pakistani law under section 8 of the Muslim Family Laws Ordinance (MFLO) 1961 in the following words: “Dissolution of marriage otherwise than by Divorce: Where the right to divorce has…