Islam & Talaq procedure in Pakistan:
Advocate Nazia in Lahore Pakistan is an expert of talaq procedure in Pakistan. The word talaq in its literal sense means release from confinement or imprisonment. It is derived from the word ițlāq which means freeing,” “liberation and “releasing.” The different words derived from this basic meaning are used in various senses through separate forms, thus, it is like saying, “I released my cow,” “I set free my prisoners, “I divorced my wife.” The words talaq is used for a woman, while ițlaq is used for other things. The underlying meaning of both is “the elimination of confinement.” The word talaq is equated with the English word “divorce” and is also used for a single pronouncement (repudiation), but the jurists often use the word tatliqah for the single repudiation. In its technical sense, it means, “The removal of the permissibility of physical access, for which the woman entered into the contract of marriage when the prescribed three counts (repudiations) are completed.
Technical Meaning of the Talaq Procedure in Pakistan:
The technical meaning of the talaq procedure in Pakistan is the same as the literal meaning. In its technical sense, talaq procedure in Pakistan (divorce) may be defined in two ways to high- light the aspect of irrevocability (baynünah) where the word baynunah means “irrevocable.” The first definition is: “the removal of the permissibility of physical access, for which the woman entered into the contract of marriage when the prescribed three counts (repudiations) are completed.” This type of talaq procedure in Pakistan creates enhanced or major irrevocability (baynünah kubra) and prevents remarriage to the wife without an intervening marriage.
Removal of the Permissibility of Physical Access For Wife:
The second way alters this definition to state: “the removal of the permissibility of physical access, for which the woman entered into e contract of marriage when the prescribed three counts (repudiations) are not completed.” This is the minor form of irrevocability or talaq procedure in Pakistan that permits remarriage without an intervening marriage. The general rule for talaq procedure in Pakistan is that it is permitted to terminate the compact of marriage when temperaments are incompatible, though it is considered a detestable act in the eyes of Islam.
What About Permitted And What Islam Says About Talaq:
Permitted (mubāh) means no reason has to be assigned for divorce. Some jurists maintain that talaq is permissible only in case of extreme necessity, otherwise it is not permitted. They argue based on a tradition that says, “The curse of Allah on who tastes 3 and divorces” The upholders of this view provide other arguments as well. Imam al- Shafi says that all forms of talaq are permitted without restriction or qualification. The view adopted by the Hanafī School is that talaq is permitted though it is detestable. The verses “There is no blame on you if ye divorce women” [Qur’an 2:236] and “O Prophet! When ye do divorce women, divorce them at their prescribed periods.” [Qur’ ān 65:1] indicate permissibility. In some reports, marriage has been called slavery, but there are other reports in which talaq have been called the most detestable thing: “The most loathsome of permissible things in the eyes of Allah is talaq.