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Pakistan's Family Law 1961- Verbal Divorce
According to section 7 family law 1961 pakistan, a divorce unregistered to union council and spoken just orally/verbally stands ineffective, so does a verbal divorce happen without union council?
Asking as it is law of land and it is to be followed unless it is telling to commit sin, hence if there is a way you could elaborate/ clear with islamic hadis references or quranic references, this topic, i would be thankful, jazakallah khair.
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5 Replies
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Pakistan's Family Law 1961- Verbal Divorce
updated 1 year ago
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5
Replies
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This is the requirement of law to save people from making false claims. The Quran itself asks people to make witness before one divorces his wife. However, if a wife insists that she is divorced, she is allowed to put up her case in court and if she convinces the court she can get her nikah canceled by the court. Law works this way.
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Indeed sir, however because our constitution declares oral divorce nill and ineffective, will the divorce i gave without registering it be ineffective or will it be effective according to shariah and islam, meaning is this law against islam? And does my divorce take place and if it does then can you please explain islamically how? Jazakallah khair
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It is not against Islam. It is the problem of proving it legally. If both men and women agree that they are divorced, the law will not hinder it. if the man denies it and the woman insists and the court is satisfied that the woman is true, still they can nullify the nikah.
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Sir i tried to find a hadis on what the method of divorce was in the prophet pbuh’s time, but i cant find how they pronounced it, was it also by saying ‘ i divorce you’ is this how it was pronounced back then aswell?
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Please also refer to the video below from 17:01 to 19:14
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