Tag: Muslim

  • Difference between Talaq and Khulla

    Talaq is the Islamic term for divorce. A talaq is used to end a contrct of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife excercises her right of Talaq then she must relinquish her right to Haq Meher. In such delicate matters, consulting with a Talaq Khula Law Firm in Karachi can provide essential guidance.


    It is important to note that Shia and Sunni Muslims have different rules for performing a Talaq. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq, whereas Shi’a scholars view the triple talaq (in one sitting or at one time) as a custom, forbidden by Holy Prophet Muhammad, but reinstated by Umar ibn al-Khattab, and thus  forbidden. Sunni scholars agree to the facts, but deem it halal (“lawful”) anyway.

    Khula is the right of a woman in Islam to divorce and it means separation from her husband. After divorce, the husband is responsible for the education and maintenance of the children. The children live with the mother till the age of Hizanat which is seven years for son and age of puberty for daughters.
    After the age of Hizanat, the children have the right to live with the father or the mother, and their opinion will be considered by the court but will not be taken as conclusive and decisive factor.
    A woman seeks a Khula while a man seeks a Talaq. The Iddah period also allows for reconciliation for the husband and wife.

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    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com

  • Christian Divorce in Pakistan

    Christian divorce is regularized under Christian Divorce Act 1869. Under Christian law either party has no right to pronounce divorce upon other party like Muslim Family Law. Only court has power to declare the marriage null and void or grant judicial separation or dissolve the marriage between the spouses. Therefore, for dissolution of Marriage either party has to file the Civil Petition before the Civil Judge.
    Under section 10 of the Divorce Act 1869 husband may file petition for the dissolution of Marriage to the civil judge by filing civil petition praying that his marriage may be dissolve on the ground that his wife has since the solemnization thereof been guilty of adultery.
    And if wife want to dissolve her marriage she will also file the civil petition before civil judge praying that her marriage may be dissolve on the ground that his husband since the solemnization thereof exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with other woman.
    Or guilty of incestuous adultery
    Or bigamy with adultery
    Or marriage with another woman with adultery
    Or rap, sodomy or bestiality
    Or adultery coupled with such cruelty as without adultery would have entitled her to divorce a mensa et toro
    Or adultery coupled with desertion without reasonable excuse for two years or upward.
    Other way of separation is to declare the marriage null and void. The court can declare the marriage null and void under section 18 of the Divorce Act 1869. The grounds for nullity of marriage are mentioned in section 19 of the Divorce Act which is as under:-
    1. That the respondent was impotent at the time of marriage and at the time of institution of suit.
    2. That the parties are within the prohibited decrees of Consanguinity (whether natural or legal) or affinity.
    3. That either party was a lunatic or idiot at the time of marriage.
    4. That former husband or wife of either party was living at the time of marriage, and the marriage with such former husband or wife was then enforce.
    There are no other ground in law for the dissolution of Marriage or declaring the marriage null and void except the above.

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    Contact Us

    Contact us or For more information and articles relating to Pakistani Laws, you may visit our blog

    Irfan Mir Halepota & Associates

    Karachi Office

    Office # E-26, Executive Floor,
    Glass Tower,
    Khayaban-e-Iqbal (Clifton Road),
    Teen Talwar, Clifton,
    Karachi, Sindh,
    Pakistan.


    Mobile Phone No. +92-321-2057582
    Mobile Phone No. +92-300-8233580

    Email: [email protected]
    Website: https://www.irfanlaw.com

    You can Contact Us for detailed consultation.

    Irfan Mir Halepota, Advocate Supreme Court of Pakistan.

    Telephone: 0321-2057582

    Regular Website:  https://www.irfanlaw.com