Talaq said? The law still needs a notice.

Said once, over at once?

A common belief. Here is what the law says.

• Myth: The moment talaq is said, the marriage is over.
• Fact: Under the Muslim Family Laws Ordinance, talaq is not effective until 90 days after written notice reaches the Chairman, unless revoked earlier (s.7(3)).

Notice in writing.

After pronouncing talaq in any form, the husband must notify the Chairman and give the wife a copy.

“Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.”

Muslim Family Laws Ordinance, 1961 · Section 7(1), Talaq

Ninety days before it takes effect.

Unless revoked earlier, talaq is not effective until 90 days after the notice reaches the Chairman (s.7(3)).

• Day 0: Notice delivered to the ChairmanCopy to the wife.
• Within 30 days: Arbitration Council formedTo try for reconciliation (s.7(4)).
• Day 90: Talaq becomes effectiveIf not revoked earlier.

If she is pregnant.

Talaq is not effective until the 90 days or the pregnancy ends, whichever is later (s.7(5)).

• 90 days end firstWait until the pregnancy ends.
• Pregnancy ends firstWait until the 90 days end.

No notice? That is an offence.

Section 7(2) of the federal text.

• Contravening s.7(1)Simple imprisonment up to one year, or fine up to Rs 5,000, or both.
• Fiqah-e-JafriaSeparate rules in the s.7(1) proviso: two witnesses, literal Arabic words.

Reconciliation is the point.

The 90 days exist so the family can talk before it ends.

• Keep the notice and its dateThe 90 days run from delivery to the Chairman.
• Ask the Union Council for a copyOf what was received and when.
• Remarriage to the same husbandAllowed unless it is the third effective talaq (s.7(6)).

Check your case. Free.

Ask FAI in your own words. It answers with the exact section and the judgments behind it.

• My husband said talaq on the phone. Is my marriage over?
• He never sent notice to the Union Council. What does that mean for me?

Example questions

What this does not mean

• Saying talaq does not end the marriage at once under the Ordinance. It takes effect 90 days after the notice reaches the Chairman, unless revoked earlier (s.7(3)).
• If the wife is pregnant, it is not effective until the 90 days or the pregnancy ends, whichever is later (s.7(5)).
• The punishment in the article is from s.7(2) of the federal text. Fiqah-e-Jafria has separate rules in the s.7(1) proviso.

Questions people ask

Sources

• Muslim Family Laws Ordinance, 1961 · Section 7(1)
  Talaq Pakistan Code