Q. My
husband and i separated two months ago, and he is forcing me to
initiate legal proceedings, as he says if he does it, it will take five
six months. I have right to talaq-e-tafweez unconditional. but im not
comfortable with it, as i have learned from some religious sources that
its not islamic. why would it take my husband five six months to
exercise the divorce proceedings, and how will it take a shorter time
for me? are there religious qazis involved in reconciliation process if
khula is initiated
Answer. If you go on Islamic Law, Talaq is for man and Khula is for wife.. Talaq-e-tafweez is debatable but one thing is clear that in Islamic law a person can appoint agent and get things done from him or her. Talaq-e-tafweez is a delegated right to wife by the husband. I have a way out for your problem that can make things legalized as well as islamic for you.
There are certain ways by which you can proceed... You can talk to your husband and make him pronounce talaq to you. Even when its one single verbal talaq by husband and its not revoked, it stands as complete divorce at the end of three tuhrs (90 days) in Islamic law. That will make you divorced in the shariah and along with that you can get the talaq certificate from the arbitration council.
Second way is that you file the notice of talaq under section 8 of MFLA. On that your husband will be send notices and he will be invited for reconciliation. When he comes and gives statement that he is no more willing to keep the relationship then it will be considered talaq. If he doesnt come you will get the talaq also..
Another way to make your husband force you for talaq is to file case for maintenance for yourself as well as for children. A husband is liable to maintain his wife for as long as she remains his wife and completes the Iddah. Once a decree is passed for maintenance and husband refuses to pay then he can be sent to jail.. On that he will definitely talaq u.. Hope u can select one of the above mentioned ways.
Regards,
Salman Khan Golra
Advocate High Court
Islamabad
Answer. If you go on Islamic Law, Talaq is for man and Khula is for wife.. Talaq-e-tafweez is debatable but one thing is clear that in Islamic law a person can appoint agent and get things done from him or her. Talaq-e-tafweez is a delegated right to wife by the husband. I have a way out for your problem that can make things legalized as well as islamic for you.
There are certain ways by which you can proceed... You can talk to your husband and make him pronounce talaq to you. Even when its one single verbal talaq by husband and its not revoked, it stands as complete divorce at the end of three tuhrs (90 days) in Islamic law. That will make you divorced in the shariah and along with that you can get the talaq certificate from the arbitration council.
Second way is that you file the notice of talaq under section 8 of MFLA. On that your husband will be send notices and he will be invited for reconciliation. When he comes and gives statement that he is no more willing to keep the relationship then it will be considered talaq. If he doesnt come you will get the talaq also..
Another way to make your husband force you for talaq is to file case for maintenance for yourself as well as for children. A husband is liable to maintain his wife for as long as she remains his wife and completes the Iddah. Once a decree is passed for maintenance and husband refuses to pay then he can be sent to jail.. On that he will definitely talaq u.. Hope u can select one of the above mentioned ways.
Regards,
Salman Khan Golra
Advocate High Court
Islamabad
No comments:
Post a Comment