Text of MFLO Section 7

Talaq.

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.

Provided that where the parties belong to Fiqah-e-Jafria—

(a) The man may voluntarily and with his free will pronounce himself or through a duly authorized attorney (Vakil) Talaq, uttering in literal Arabic words (segha) in the physical presence of at least two witnesses qualifying the requirements of clause (1) of Article 17 of the Qanun-e-Shahadat, 1984 (P.O. No. 1 of 1984);

(b) The pronouncement of Talaq shall be ineffective if it is done jokingly or under anger, intoxication, insanity, duress, or coercion of any kind and from any corner whatsoever; and

(c) In case of dispute, with reference to clauses (a) or (b) arising due to difference of opinion, the parties or any of the parties may have recourse to a court of competent jurisdiction or by approaching the “Mujtahid-e-Alam,” and the decision of Mujtahid-e-Alam shall have the status of an award and the same shall be dealt with in accordance with the provisions of the Arbitration Act, 1940 (X of 1940).

Explanation. — The expression “Mujtahid-e-Alam (Faqih-e-Azam)” means a juris-consult, religious scholar, or doctor of the Shia school of thought well-versed with Shariah, having international repute and recognition. The Council of Islamic Ideology shall maintain a panel of Mujtahid-e-Alam having the aforesaid qualifications.

(1A) As enshrined in Article 227 of the Constitution of the Islamic Republic of Pakistan, the divorce and matters connected therewith or ancillary thereto shall be decided according to the personal law interpreted by Fiqh-e-Jafria (Shia school of thought).

(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with a fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in sub-section (3) or the pregnancy, whichever be later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.