The Correct Way of Giving Talaq

Talaq, is a form of divorce under Muslim personal law, and is given by (or on behalf of) the husband to the wife and the effect of talaq is that it annuls the nikkah i.e. marriage.

Rules

  • The talaq given by a sane, married adult will be valid.
  • The talaq given during sleep will be invalid.
  • The talaq given during the state of intoxication will be valid.
  • The wife can, if given the authority under the nikkahnama, the marriage agreement, can pronounce the talaq on behalf of the husband.
  • The talaq given in the state of anger will be valid; the reasoning behind this is that no one would ordinarily give talaq in a state of happiness.

Legal Requirements

While traditionally the talaq could be given orally, it is now a requirement under the Muslim Family Laws Ordinance, 1961, and the judgment of the Supreme Court in Farah Naz v. Family Court, Sahiwal (PLD 2006 SC 457) that the talaq must be given in writing, and a copy of the same should be forwarded to the concerned Union Council.

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