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Talaq e Hassan & Procedure of Talaq in Pakistan

by Amma jhon
May 20, 2020
in News
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Nazia Law Associates is an expert law firm to process the procedure of talaq in Pakistan. The Hasan form of procedure of talaq in Pakistan, for a wife whose affair is governed by periods, is when the husband pronounces a single revocable repudiation in the period of purity, between two menses, when he has not done sexual intercourse with such wife, after which he does not have intercourse with her and pronounces the second revocable procedure of talaq in Pakistan in the next period of purity without intercourse in that period and finally pronounces the third repudiation in the third period of purity. Following the third repudiation, the woman completes her waiting period when she menstruates. The Hasan form of procedure of talaq in Pakistan, for a wife who is pregnant, is when the husband pronounces a single revocable, repudiation with the knowledge that she is pregnant, waits for the next month and pronounces the second repudiation followed by the third repudiation in the third month.

How To Make Your Talaq Suit Effective:

For the procedure of talaq in Pakistan to be effective, he is not to have intercourse with her after the first repudiation. The woman completes her waiting period with the delivery of the child. Some jurists maintain that this form of procedure of talaq in Pakistan for the pregnant woman is futile as the purpose is the vacation of the womb, and the same result is achieved with the Ahsan form of divorce for such a woman. The Hasan form of divorce for the woman who has had her menopause and no longer menstruates (one whose affair is determined by months) is similar to the form for the pregnant woman in the Hasan divorce, except that her waiting period is worked out based on months. Words used for the sunnah form of divorce, that is, talaq Ahsan and talaq Hasan are of two types: nass (explicit in the meaning of divorce) and dalalah (implication; equivocal or ambiguous in meaning).

About The Nass:

The use of nass is like a husband saying to his wife, “You are divorced following the sunnah,” when the husband has not formed an intention. If the woman is one whose affair is determined by periods, this will amount to a single repudiation if she is in a period of purity in which no intercourse has taken place. If she was in her menstrual period or the repudiation was pronounced in a period of purity in which intercourse had taken place, the repudiation will not become effective at once but will become effective when she has passed through another period of menstruation and has attained purity, This is due to use of the word Sunnah, which prevents such repudiation to be transferred to the biddah (innovative form). 2. If he had formed an intention, while using the above words, to the effect that these will be three repudiations, then they are to be treated as the Hasan form in which one revocable repudiation is pronounced in every period of purity.

According to Sunnah for Talaq:

If he had formed an intention that this is a single irrevocable repudiation, then it will not be construed as such, because the sunnah form does not accept an irrevocable repudiation. If he had expressly stated, “You are divorced thrice’ under the sunnah,” without forming an intention, then it will be treated as the Hasan form with each revocable repudiation taking effect in a separate period of purity. If however, he had intended all three to take effect at once, the procedure of talaq in Pakistan will be valid, but it will no longer be the sunnah form. Above all the talaq will be effective in Pakistan if proceeded according to the law in Pakistan and an expert lawyer may be required.

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