Talaq (conflict)

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In Sunni Islamic Law, there are three forms of divorce known as the talaq, khula, and an unorthodox triple talaq. This page deals with the relationship between religious and secular systems for terminating the marriage in the Conflict of Laws.

The process of talaq

The husband may initiate the divorce process by pronouncing the talaq, the formula of repudiation, three times. The first two times the talaq is pronounced, it may be withdrawn. But the third time it is pronounced, the divorce is irrevocable.There are a range of systems specifying the requisite formalities to complete an irrevocable divorce, i.e., whether some period of time must elapse between each pronouncement of talaq, whether there must be mediation, or the need for witnesses. For example, in Pakistan, section 7 Muslim Family Laws Ordinance 1961 requires the following steps:
  1. that the husband pronounces the required statement of divorce in front of witnesses; and
  2. gives written notice of that pronouncement to the Chairman of the local Union Council; and
  3. gives written notice to the wife;
  4. there is a waiting period of ninety days, or of a longer period of time if the wife is pregnant;
  5. an Arbitration Council must be constituted within thirty days of the date the written notice is given; and
  6. the Arbitration Council must take all steps necessary to try to bring about a reconciliation.
In the states where polygamy is permitted, there is no waiting period before the husband can remarry. The wife must usually wait...
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