The Supreme Court of Pakistan has issued an important decision regarding divorce (talaq) under Islamic law. The court has ruled that all forms of talaq can be cancelled within 90 days, according to Section 7 of the Muslim Family Laws Ordinance, 1961. This means that a divorce does not become final immediately after it is announced.
According to the ruling, once talaq is given, a 90-day waiting period begins. During this time, the husband, or the wife, if she has been given the right to divorce, can take back the talaq. If the talaq is not withdrawn within these 90 days, only then it becomes final.
The Supreme Court further explained that this rule applies to all types of talaq, whether it is written, spoken, or given in any other form. The aim is to give both sides time to think, resolve misunderstandings, and possibly save the marriage.
The court also made it clear that divorce proceedings must take place where the wife is living. This includes cases where the wife is living abroad. By doing this, the court aims to make the process easier and more fair for women, ensuring that they do not face difficulties due to distance or travel.
This ruling provides clarity for families and helps ensure that the divorce process is carried out lawfully and with proper time for reconciliation. The decision strengthens legal protection for both men and women, promoting fairness and understanding within marital matters in Pakistan.
