Talaq-i-Tafweez – (Right of Divorce for Women)

Under the Pakistan Muslim Family Law Ordinance of 1961, the husband may grant his wife the right to divorce (Talaq e Tafwiz) under clause 18 of the Nikahnama. If he doesn’t, the wife must go to Family Court for “Dissolution of Marriage by Way of Khula” because her husband hasn’t agreed to or refused a mutual divorce.┬áRight to divorce (Talaq-i-Tafweez)The husband may issue a divorce, which he can delegate to the wife or a third party. This divorce was called “Talaq-e-Tafweez” The husband’s “Tafweez” gave his wife the authority to divorce herself. 2013 CLC 1625, Sections 7 & 8 of the Muslim Family Laws Ordinance (VIII of 1961).

Talaq-i-Tafweez

Qibla Ayaz, chairman of the Council for Islamic Ideology (CII), said women would be able to seek a divorce without going to court under a new marriage agreement being drafted by the council. He stressed that the husband’s right to divorce would be kept but relinquished to the wife during Nikah if both parties consented.

The husband grants the lady the right to divorce (Talaq-e-Tafweez) in the Nikah contract. In such circumstances, women might dissolve a marriage upon receiving a request from the husband via Talaq-e-Tafweez, he stated. The old marriage certificate said that women could end their marriages, but Nikahkhawan rarely told them what their rights were. He added that Nikhakhawan would be expected to clarify the rights and obligations of the bride and groom.

Ayaz says Islam’s Fiqh allows three divorces. Under Khula, a woman seeks a husband’s divorce in court. The Faskh Nikah dissolves the marriage if the husband doesn’t meet specified standards. Talaq-e-Tafweez is when a husband gives up his right to divorce at Nikah. He said the husband’s permission was needed for Khula but not for dissolution since spouses would have already given up their rights. The council is creating a basic nikahnama and talaqnama (divorce paperwork).

The statement said that the new agreement would have parts that would strengthen the family structure based on the Holy Quran and Sunnah. Some of the ideas are to put information from the national ID card in the Nikahnama and to make Nikahkhwan’s job clear and written down. “Scholars would be kept in the dark about the Nikahnama and Talaqnama draughts,” Haq warned.

The council advises Shariah-compliant amendments to Pakistani legislation. Ayaz has previously stated that the 1960s marriage agreement lacked 21st-century features. He claimed the original paperwork had a provision for the bride to break the marriage, but it was not extensive, and Nikahkhwans sometimes gave brides the document without the provision. Ayaz said, “The Nikahkhwan would not be allowed to erase it without the bride-to-approval.”

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