Talak by Tafweez (delegation of power): The husband may in person repudiate his wife, or he may delegate the power of rapudiating her to a third party, or even to the wife Baillie, P. A temporary delegation of the power is irrevocable, but a permanent delegation may be revoked. The person to whom the power is thus delegated may then pronounce the divorce accordingly. Talaq-e- Tafweez: (Delegation of Power) :Īlthough the power to give divorce belongs to Husband, he may delegate the power to the wife or to a third person, either absolutely or conditionally, and either for a particular period or permanently. In Shia Law however, Talak may be orally pronounced by the husband in Arabic words in the presence of two witnesses and wife. Mere pronouncement of divorce under the Muslim Family Laws Ordinance 1961 does not operate as divorce. In any one of such conditions is not satisfied, the Talaq would not be effective even after 90 days. (a) Pronouncement in accordance with Muslim Law: Note, these are take from Mulla’s Muhammadan Law, Which is regulating authority in judicial cases in India and Pakistan Courts).Īccording to the Muslim Family Laws Ordinance, 1961, to give effect to Talaq there are three requirements: (See our section about divorce in Islam for further details. As the talak becomes irrevocable at once, it is called Talak-i-Bain, that is, irrevocable talak. 1) A talak in the ahsan mode becomes irrevocable immediately it is pronounced, irrespective of the iddat.
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