Nikah from State Law and Sharia Perspectives

Global Affairs Academy
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Jan 24, 2026
Peace be upon you welcome to Jurist pk
My name is Muhammed Hanzala Jamiir
Today's session which is our Yeh
session is the second in that series
at we have with Jurist pk and the Global Institute of Law
presents to you through the combined platform
And the topic of today's session is extremely important
Today we discussed Nika marriage and its legal status under state law as well as the Sharia perspective
It's meant to be placed before you and today alongside me it holds great significance
Distinguished panel members are present including liberation expert Jamil
Sir is an Islamic scholar and has been benefiting from it alongside
Amara Mofin Sahaba is present who is an advocate of the High Court
So the purpose of our conducting this session and discussing this topic today is to
The purpose of discussing is that we as law students aim to
Young lawyers should certainly be guided in this regard
Another aim is to reach the general public as well
Also ensure awareness in this regard as somewhere along the line
The family laws or matters relevant to nika
Somewhere within every person there exists a man and a woman
Somewhere in life there's a connection between him and her that simply exists
That's why anyone who wants to discuss this should
The things related to our family in this regard
Laws exist so she should be aware of them thank you very much
You both taking the time to be here today is truly appreciated
To speak about the most important matter the Mufti said:
Sir I'll begin with you first as always
Please explain what the concept behind this so-called niche is
What is the Islamic concept of Nikah and what does it entail
What are the ingredients in this
A nikah that is conducted becomes a valid marriage
Yes Martha your greetings and affection are deeply cherished
Thank you so much Hazrat Saab I am truly grateful
First of all I would like to extend my heartfelt thanks and to you
Here is the Global Institute of Affluence and Jeevaris dot T
for B and for the students in our lake community
As for your question the answer is B
As for marriage it is a matter of Islamic law and tradition
In such circumstances a recommended practice is to follow the Sunnah and the Prophet said:
Marriage is one of the Sunnahs in my traditions
Under the prevailing circumstances Sharit has even gone so far as to state this here
at in such circumstances this becomes reasonable and this
When Allah weighs the Quranic verses in the balance of truth He does so with perfect justice and precision
When mentioning his other rewards He also referred to marriage
In the ancient scripture of Majid there is a verse from Surah Ar-Rum: "And among My signs is that I created for you spouses from your own kind so that you may find tranquility in them "
And let my bank be filled with affection and mercy for this too is among the blessings and signs of Allah Almighty
He created from among your kinds the mates for you so that you may find peace and comfort in one another
Be a source of peace for one another for Allah has instilled love and affection among you
He has stated regarding the conditions of marriage as outlined in Sharia and also shown on the screen
The essentials of marriage which are fundamental to its pillars are exactly what you need
s the Shariah the first element of which is known as ijab and the second element is the qabul
It is called acceptance the meaning of ijab is that one of the spouses either husband or wife is the party making the offer
The words spoken to propose marriage are called ijab and the second party's response is called qubul
The words spoken from that side are considered acceptable just as you have generally seen
at when the nikah is recited he also makes the husband utter the words and the wife
Even some words are said to her for example he says these words to his wife: "Oh wife"
Or the wife's representative whoever that may be is instructed to utter these words
Yes I have given that amount of mahr to your marriage with so-and-so daughter of so-and-so This is an offer
s called and whichever boy or boys serve as its representative when he is
says that yes I accepted and this is called acceptance which is absolutely essential and
s a fundamental requirement in any marriage contract and as for writing it down on paper it is essential
When it is the case the words offer and acceptance are generally not written on paper what is written on paper is
We have a registration process that is also part of our wedding ceremony for the bride and groom
are written fundamentally beyond registration we also have what our
Yes nikah is valid when these words are recited forming its fundamental components
are referred to as the conditions that follow the additional requirements the necessary stipulations within it
It is essential from a Sharia perspective that the witness we refer to be present with us
A marriage contracted without witnesses is termed invalid and such a marriage is known as
The woman's status as a witness in marriage is equivalent to her status as a condition and one such
The reason is clear and well-established in the narration the hadith even includes strong wording to the extent that
Marriage without witnesses is in a sense considered a sin according to Islamic law
If they are witnesses then they must meet the fundamental requirement—what does it mean to be a witness
Witnesses mean that Italy has two adult men or one adult man and two adul
And these are the words offer and acceptance made at the time of this marriage contract
Both are essential this is necessary within the same string and any marriage without it will be invalid
It would be called a condition this second element following acceptance and offer as defined by Islamic law
who has set the condition and our Mufti Sahib will perform the marriage if the offer and acceptance take place
If there are no witnesses present then even if the marriage takes place it will not be considered a valid marriage
It will not be a valid marriage because it is conditional and such a marriage is considered void Void marriage
This also means that Sharia states that it should be immediately dissolved and properly dealt with in the correct manner
A second marriage will take place although there may be legal variations regarding this matter
In it they stated that if a marriage had taken place without witnesses they had declared it invalid
They based it on the principle that a husband and wife mutually consent known as spousal concordance
However the views of our scholars on this matter are absolutely clear and our scholars' stance on this is unambiguous
It is clearly established in the traditions that as I have explained to you the legal ruling regarding marriage according to Islamic law the Prophet ﷺ said: "Whoever contracts a marriage without witnesses where is he "
The phrase "Baya" refers to the severe language used against women who commit sins
You must be a witness according to Islamic law
Alright Mr Maktan I'd like to ask you one more opinion—many people keep asking this question and we often observe this especially within the context of our family laws
as you mentioned the marriage contract is valid under Sharia law provided that the offer has been accepted
And even if witnesses are not present the marriage still takes place but if Shariah states something different and if our country's law or court rulings differ on this matter then that's what the president is establishing
Then does it provide guidance for the general public on what to follow and how to approach this issue
This is a very important question for you and it's precisely why we handle such family law cases in accordance with Sharia
I think the people of Pakistan at the very least are thoroughly confused about this matter—just call them bewildered
And the confusion arises from the fact that certain matters differ according to Islamic law while others vary according to civil law
I'll share two things with you: the first is clearly evident—whose responsibility this is
It is their responsibility those of our legislators and government officials to ensure this
gather together all the scholars of thought who are fighters and find common ground on any such matters
so that the people may not face hardship afterward
As for the law the law addresses your question about whom they should follow
There are two types of things in it
Some divine rulings are such that the Sharia did not grant the state any discretion
And it contains the clear principles of Sharia that you must do this
There are countless such laws countless such divine injunctions
If you are referring to the blasphemy law and more generally to our existing laws
There will be very few laws that contradict the clear principles of Sharia as established by the Quran and Sunnah
The year in which our decisions regarding the quota are made
Some become presidents and
with that come these problems
at it contradicts the
Shariah in the same way I
have given this example—the example of spouses
Of course it's obvious in cases like these
This is also the ruling of Sharia and the scholars
The general public should follow the rulings of Islamic law
Instead of following the opinion of any single judge the precedent should be followed
It goes without
saying that matters concerning our marriage and divorce
They are the source of guidance for
every Muslim—Allah and the Sharia
The registration and such
matters are merely formalities
Anyone who lives with his wife if he does so
He first notices that thing
Whether it is permissible for me to reside here according to Islamic law or not
That's why we'll make the same
recommendation in cases like these
As for certain matters of this nature
at contains something from the Hanafi
school of jurisprudence and the law we have
It is established according to the rulings of another school of jurisprudence
Generally speaking the scholars and esteemed jurists we have here are such
They say this law is contrary to Sharia
The fair point there is this:
There are countless such laws
They are not opposed to the Sharia of Tawtirli
but rather adhere to the Quran and the Sunnah
Understand this: it is contrary to a point in Hanafi jurisprudence
and for this reason our Federal Sharia
Even in the midst of chaos something always gets through
They don't see that this goes
against the Hanafi school of thought
That is why we are abolishing this law
Rather they are the oral traditions of the Quran and Sunnah that exist
As soon as
they see it if there are any such laws
The Hanafi school of
jurisprudence is opposed while
the remaining schools—Maliki
Shafi'i and Hanbali—remain
and so forth as per which the
state has enacted legislation on it
Or someone has given him a beating
You also have this
claim there that you do
Instead of following Hanafi
jurisprudence if you adhere to state law
Or you will follow the decision of this coat
If someone follows another jurist 's
opinion they will be correct
The reason is this: we
have a principle here
at the ruler's command is considered invalid if it contradicts
Islamic law such as when it involves a specific form of usury
Or if it becomes involved
in a contentious issue
That disagreement which arises
because of it is resolved
That becomes the established ruling
and I hope this answers your question
In my opinion I tried
to explain it to him
Mr J Mifti is absolutely correct
Good let's move on to another one
The atmosphere is so thick with questions that it's weighing heavily on people's minds
They talk about this
thing far too much
This has always been their consistent stance
These cross-sectoral aspects that exist
at if a man's is his husband's
then it is a different sector of his
And the wife her sect or
denomination
is different
What exactly is privileged
in such a situation
And how does she perceive this thing
And then are there matters at hand
A Hanafi scholar from a different school of thought a
Deobandi from a different school of thought marriage
is valid
You're absolutely right
technically speaking
there's nothing objectionable about it
Yes administratively
are these two
Whether or not you understand
each other is another matter
at they have about
each other's views
They do not accept it otherwise
according to Shariah
in our Pakistan
Any Muslim combatants who are related by
marriage are prohibited from marrying each other
It's no issue at all—
Muslim combatants are guided by thought
and the desired master if this is so—
Meter heads toward a port
and just like Chail Custody's
There are many matters involved
including various perspectives
They have differing viewpoints so in
that regard what
exactly will the port do
And how will this matter proceed
There are two kinds of
things O Hanzala Sahib
There is only one prevailing
ideology in Pakistan today
The current intellectual climate here is such
that you find Barelvies and others like them
The legal rulings of the Ahl al-Bayt are identical to those of the Imams
One thing is one thing
what you'referring to
Hanafi jurisprudence
The weather is school of
Tart is the school of Tart is
The information I have is
that the courts in Pakistan
are
And the Federal Shariat
Court or whatever
forums we may have
He is not bound to make a decision according
to the Hanafi school of jurisprudence
They may follow any of the four
schools of Islamic jurisprudence
The simplest answer
to your question is
that the best thing is
at we follow the Hanafi school
of thought here among the people
at according to our Hanafi
jurisprudence court the ruling issued
However if for any reason someone prefers
the Hanafi school of jurisprudence over
She gives charity according to another
school of Islamic jurisprudence
We consider him a wild
one cases keep coming in
Dissolution of marriage cases are known as
Under Hanafi jurisprudence it
is not considered valid at all
However according to the Hanbali school of
jurisprudence which is the Hanbali school of thought
According to him it's welded
so we consider it correct
The Hanafi legal school likewise rules that this is the case
Well if Sharia has granted
such authority to the state
at if he issues a ruling in
accordance with Hanbali jurisprudence
Your decision will be valid
under Hanafi jurisprudence
This decision will be followed up on
Alright
Perfect exactly right
Well then esteemed sir
As you so rightly stated
at you've just mentioned
two ingredients in
The atmosphere that makes
marriage feel real—what else is there besides that
There are no ingredients in it
not at all
and there's nothing in it either
It is a matter concerning the right of mahr the
Sharia has also established the right of mahr
It is mandatory
in marriage
And this is a wife's
dignity — this is no
There is no financial payment and
the minimum amount is as follows
In Arabic it's referred to as ten dirhams so
one dirham which is the unit is
One point
It weighs zero point zero six two grams
In that regard
the minimum fee is
Its amount is 3.618 grams
The temperature in Pakistan today
reaches nearly four to five thousand
We usually say five thousand
that's the mahr right there
It must also be specified and
after it has been specified
Payment of it is also required
Generally people keep a mohri of Fatimah
Jow Mahrī Fāṭimī the Saint
Mahrī whose quantity is
On one side eighteen tolas
approximately
A pair of shoes nowadays costs around two hundred thousand
And you should look at both
of their financial statuses
And in it both in our tradition and in
the teachings of the Sharia as well as in the principles of the faith
Two seals are affixed one bearing the
urgent decree alongside the constitution
Immediately what
comes to mind is tha
Payment is required immediately after
marriage and after the wedding ceremony
She can immediately file for divorce
The second thing that happens
is that the heart quickens
Alif with a maddah a
maddah that is delayed
What happens in this case is
that if you've scheduled a time
Pay the demand made at that time
If no time limit is set
then in the event of dea
In the case of divorce she shall return to her family
Divorce means that
If a husband gives divorce
And death means that
if the wife passes away
This dowry will go to him upon his departure
The share that will be divided among
the heirs if the husband passes away
How will you pay off the remaining debts just like your husband
The wife's right to dowry is due
and the husband must also pay it
You won't get support unless you're consuming
meaning you won't get leave unless you're consuming
You still have the right to
mahr which is exactly this
at if a divorce is given before permission is granted
You will be given half the dowry there
The miracles performed upon Allah in the Holy Quran
If you grant divorce before the dowry
is settled then the specified dowry amou
He will have to pay
half and regarding that
What are the rulings regarding expenses
and food allowances if leave is not granted
Without permission there would be no
allowance for expenses or sustenance
It is not obligatory to pay the
non-refundable fee for the city
It is related to the leave
When a wife supports herself
she becomes the strength of the household
Then go back and pay the city's non-residence fee
Exactly as it is Continue Mufti Sahib
Yes the next matter yes
It is not necessarily obligatory according to Sharia
but generally speaking it is not common among us
Even in legal matters and generally
lawyers are often regarded with arrogance
A representative's role is to advocate
on behalf of their constituents
at if both the bride and
groom are present in the dowry
No representative or
lawyer is needed after that
but if either of the two is
No one is present at the wedding ceremony
In general the wife in Pakistan as commonly understood is
the one who is married to a man
The Sharia ruling there is that he
should not appoint anyone for himself
Any lawyer or representative may
It has been decided that regarding their behavior
how astonishing
Offer or the exception lies upon their behavior
then what about this lawyer
Witnesses are essential in appointments
According to Sharia law witnesses are required for its appointment
Not mandatory but in our marriage contract
usually
If my heart is not within the confines of my chest
It takes place and a lawyer is appointed there
then there
The representative is present and two
witnesses are also present for this appointment
It is not obligatory according to Islamic law that they be prescribed
Of course if it's
a legal requirement
then it's certainly mandatory
The next layer will be even
better and it will explain it
What is the rule regarding
this if the groom is not present in it
As for signing and similar requirements they are
not strictly necessary according to Islamic law
Marriage will be valid even if it is performed verbally
under Sharia law but it must be legally recognized
Requirements such as signatures and similar formalities are collected as part of the process
And in many cases
the wife's consent
is required
You don't seek permission from a wife
for marriage as that is what marriage entails
He goes and performs the marriage ceremony
If something is said to the wife in this matter
That your marriage was solemnized
with that person and the wife is him
Grant the permission for then that marriage will also be valid under Sharia law
As for marriages there is no need
for him to explain
them—he is merely
Understands Sharia the
words of marriage are spoken
For the sake of words marriages are
They come without needing to be asked there's no need for such a request
As for maintenance
and related matters
In this proposal I asked you whether it was necessary to take leave beforehand
But after the divorce Sharia has
made it obligatory upon the husband
at they are financially according to
their means and their financial
capacity
Depending on the occasion wife's
flower arrangements and the like
Sari's a necessary necessity
fulfill it provide
it with a home
And all these things are
fixed if anyone were to that
They set the packet money
That's also correct there's no restriction on Sharhan regarding it
As for the Scream Marriage
regarding that matter
It is established
in the Shariah tha
Under Sharia law a
man may also remarry
A third one is also possible and a fourth marriage is also possible for a husband
And according to Sharia just as the verse
from Surah Nisa in the Holy Quran states
She has clear permission but her
first wife's consent is not required
Although law is
essential
in Sharia
It is certain that one should remarry
only when both wives are present
Could establish fairness between
them regarding timing and expenses
If justice cannot be upheld there
then the ruling of Sharia applies
This is it
If you find yourselves
unable to establish justice
Celebrate joyfully and be
content with what you have
The matter of divorce
and similar issues is
and that too if you say so
I'll also clarify this point: matters
concerning divorce and similar issues
Or if you have any questions or the like
then questions or the like
You'll see me again Master very
soon now—just a little while longer
They go to Madam
Just a little bit from Madam Amara
It's a letter that's what it is
Just a quick question regarding that
He said "This letter which
contains various statements "
What are these things And
what exactly do they contain
And how exactly are they being made to fail
Please Madam kindly explain
this matter regarding the letter
What is this thing
Peace be upon you
Thank you to Zubair Abbasi
Global Law Institute for providing us with this
opportunity is here for us to explain
all this and share our knowledge
According to the knowledge Microsoft
has we can share it with the rest
a document that contains all the
information and details related to marriage
such as the names dates and
other relevant particulars
spouses' meaning and
their age meaning their economic
status consideratio
All details regarding Mehr are
included in this document as well
It holds a very significant
position in Islam as well
And the legal value is also extremely high as
the agreement contains a total of 25 clauses
I'll tell you the details about those
clauses myself
The law that governs it
is the one
that controls it
Muslim family law
1961
according to which
it is
viewed its reference
Its first step as
outlined regarding
registration
is detailed here
Sections
General Information
Date of Birth
CNIC Number
About This Person
Details are provided by Sari
registration is
essential as its
terms must have
legal validity
It is valid when properly registered and the registration process
is carried out by
the nikah registrar
It is granted a license
under the Union Council
He reads the nikah nama to Naser
and even registers it for him
Its registration is extremely important that
is the responsibility of the nikah registrar
at they carefully
fill out all the columns and then submit them
Have the union council
properly registered and if any
issue arises during the filing
process address it promptly
If you're missing out on it
then that's
It is very important otherwise it carries a punishment of three
months in prison and a fine
This has happened in several cases
one of which reached the High Court
which the father had filed a case
regarding his daughter's illegal detentio
At the time he stated that his
daughter had been illegally detained
And she was forcibly married
in which the court issued orders
It was the second party like the girl's
husband was there and
he presented the document
It was originally
a simple nikahanama
And what he presented
at the next hearing
was the register he had both of them
A discrepancy was observed
in that both columns were
properly filled at which point
he issued an inquiry order
And when the inquiry
was made he discovered that the girl had already been married
She is 13 years old at this time and this is completely
illegal and not filled out
in the respective columns
And in this matter they
summoned the nikah
registrar who
had been opposed to the inquiry against the proceedings
It was her responsibility and she was fully
liable for it The nikah
registrar was responsible
If any issue arises that cannot be addressed by the
nikahanama's columns
at some of its clauses
remain unregistered meaning it lacks proper
registration
Please explain that when this nikah
registrar
writes down this nikah
What kind of
training if any is specifically involved here because
We observe that the cases of obstruction occurring
in courts are
That is why they are so
because of this nikahanama
Debate is ongoing about this
creating ambiguity
And then it becomes the subject
of extensive
discussion in courts
And this matter continues with no
issues including its
training and so on
so that he understands each column and fills
it out correctly
I'm asking whether
this nikah registrar is
someone who has the authority to
raining takes
place because we
observe that Akshara
is in nikahanama
Ambiguity arises
and these issues
are extensively
discussed in court
Is any training or
similar program
provided to the marriage
registrar in this regard
marriage hall
union
council along
with each ward in
every
neighborhood
marriage contrac
Hands one over to the boy keeps one himself and submits one to a Union Council
And now Nadra also holds the record for this
Based on this foundation what follows is again
The waybill is created first then the structural card and finally the passport
Nikakha's role is extremely important
They also arranged some training sessions for them at their own pace
which were also involved at one point
There's one more thing about this — if such an act were to occur Nikakha Khan would be in trouble
Its license is revoked if it violates these terms
The Union Council cancels its license
The Chaiid Marriage Strain according to 1929 standards should not be less than the Atin Ers
The case number 7 to 12 of the Ayesha Bright case involves a claim by Dulen's lawyer
He went as Duleen's representative just as the other party's representative according to Duleen's will—whether or not his own wishes were included in Duleen's decision
It proves that this marriage is one where neither party has any authority over the other
There's no person here no Egyptian possession no one is pretending that the darkness is happening entirely by choice and if
Inside it a veil so tight that if a girl were to enter it she would become invalid
Superior codes are correct in stating that marriage without consent is invalid
One by one the grace of the lawyer the grace of the advocate the pressure of the press the pressure of the case the weight of the moment the burden of the trial—each one bears its own burden
He could be anyone—perhaps Class Number Ten or maybe Sixtine in this
A crucial term related to the tax deduction known as Mehar is
Talk has been held yes Mehr is a gift a unique one from Khosbeen
The column number assigned to Shabbahi and Duleen was Teen Mehra
How much should the call number be for Fortin
It mentions both non-Muslim and Muslim rulers
And the deeper you go the more you'll realize you can always demand your wife's attention at any time later on
Whenever the husband feels like it he can use it or the wife can take it whenever she wants
Column 15 reiterates what was prompt-depicted the prompt-drafted moment you wrote which should be reflected in column 15 at the same time it was created
It often happens that a bride is given a dowry at her wedding which is never properly accounted for and in such cases even a class action lawsuit could be filed tomorrow If the bride owns any property even a larger share could be granted to her
Column 17 states that a bride who wishes to work a job or continue her studies after marriage
Any conditions from any source if accepted by mutual consent are valid under Islamic law
And it is recorded in column 18 column 18 indicating the transfer of ownership which is also referred today as "delegation of rights "
The husband delegates his right to the wedding feast to his wife
Here the right essentially belongs to Shohrat Pishikally but under Article 109 of the Code he transfers this right to his wife
It's essential to clearly define which conditions apply and which ones don't as this distinction is crucial within the context
We will make an important note in this column
In column number 20 you will find it unforgettable
Column number 21 states that if Dula wants to marry again tomorrow
If he does that he absolutely must obtain permission from the Union Council
A permit issued by the Union Council
Joke is essential and if he doesn't do it he does it anyway
Thus this is considered a criminal offense under the law
In Islam there is no such law or punishment prescribed for this
But under the law it is only granted when the Union Council provides
It has been properly authorized
Otherwise this marriage is considered irregular
But it is essential that they obtain the proper permission from the Union Council
Otherwise his wife could proceed with the proceedings against him
It can go into the code
But if he receives permission from the Union Council
So there is no such element that would make this an irregular marriage
The remaining columns contain signatures from Party C and witness signatures
Biscuit typically includes all these items
Whatever is needed is required by both male and female
That once just read it out aloud
And raise general awareness about it
So that she may face any future problems that come her way
Well then tell me about this Licka name
The one column that included certain conditions related to divorce
The matter previously had a judgment from the High Court
Those who made it illegal prevent you from imposing any conditions on divorce
So now isn't it pointless to even write this down It's not going to be written anymore after that judgment
A deferred dollar condition can be applied on the surcharge at the Talag site of Shohar
That's precisely it—if you've delegated the task of the Talag Tafis to someone else and there's any condition involved
So you'll write it down together that if you feel you've granted them this right based on this foundation then it's justified
So that deferred dollar is theirs later can they really not complain then
Very well please also clarify this just as we asked the Ministry of Health even going so far as to inquire with the Drug Controller General of India: what are the valid ingredients in Meraj Kindly provide your clarification as well
Legally speaking if we consider this the marriage in question is valid under the law
What ingredients are legally valid for Meraj's basic That's exactly it: two
It's essential to be part of a gathering a family and a community that shares and gives back to the party
Muftee Saab you'receiving my voice yes the voice is coming through to you it's reaching me as well
Alright okay Mufti Sahab I'll ask you one or two questions and then we'll move on to our program
We'll head toward the end and it will all come together as Madam wrote in the name list
Look down there—there's a power that causes men to collapse because it strikes them with force
If it is possible then is there any provision in Sharia for such a matter since the issue of talaaq is what we have
The concept in our minds is simply that only men are considered to be
The data is being transmitted and the woman takes it openly just as I am
Turn off the screen of the other participant
I'll speak to you briefly it's just a short message on screen
Turn off the other screen the one that's our
second speaker
Mufti Ji Hazrat Sahib completely in accordance with Shariah
divorce by delegation known in Jordan as tafweez talaaq
The term for divorce in Arabic is also used in this context
Its concept is clear and it means that Sharia
as granted her husband the right to divorce his wife by saying
Grant her the right to divorce and she shall have the authority to initiate it
If he grants her the right to two divorces the wife may then
If he grants her the right to three divorces the wife may claim her
And within it there are two types of divorce: one that is immediate
Divorce cases in Rigi and Agoti Divorce Cases in Rigi
In Rigi
A husband can exist independently for in such a state marriage is unnecessary
whereas in the case of talaq-e-bain a formal remarriage is required then this
It also grants discretion in Sharia allowing him to choose whether to exercise the right of raji
The wife will have the right to divorce if she grants her husband the right to divorce
The authority will belong to the one who has the right to the marriage contract as agreed upon between us
The number is written there and in Urdu they write "yes" as "ہاں"
The Sharia ruling on this matter is that the husband must grant his wife a revocable divorce
granted to her it meant that the husband was obligated to fulfill her rights under Islamic law
If a man pronounces divorce upon his wife while in a state of anger the divorce takes effect
will be given and whatever a man gives to his wife in any manner
If a divorce is pronounced then likewise the divorce takes effect as a result
Keep a few things in mind as it comes along which are generally ours
Yes mistakes happen and the first mistake is when the husband is unaware
It doesn't happen and the poor fellow ends up signing anyway later on
He wrote it down in the divorce document without the husband even knowing what divorce actually is
And if he has signed it anyway then if the husband signs on this matter
Divorce should be clearly understood by the husband
What is a penalty and what does it mean in this contract
It's the contract I'm going to sign but that's another matter entirely
Most women don't realize the implications of using this form of divorce
The method and its rationale are that in our jurisdiction the law regarding this matter is the petitioner
The ants are silent according to my information there is no such provision in our law
Section does not contain any explanation of what this thing is should the wife
What would be the method of using this authority if it were exercised
at's why whenever a woman exercises this authority among us
She goes to the lawyer who prepares the notice
Note states that Jee daughter of Falaah to her husband one
I am divorcing giving three divorces at once even though this method is incorrect
A divorce given through such a method will not be valid according to Islamic law or divine decree
The method is for the wife to say that her husband has granted her the right to divorce
I am exercising this authority by granting myself a divorce above
It goes without saying that the right to divorce lies with the husband yet there are a few such cases
There are things that ought to happen and one of them is this
It will be examined here regarding men's rights women's rights and awareness
This should be a good thing but it requires the consent of that woman
Please note whether she is exercising her right if she does this
He says no I don't have that much control over myself—I'm emotional
If I'm not given the option then don't give it to me at all
As I have mentioned on several occasions before divorce is a matter that
The choice is yours and it's a weighty one—this is no joke ours
Cases from the department have come in where several husbands become psychiatric patients their minds broken by the door's
They fear that uttering divorce words even once in several months might lead to consequences
We've also had cases where a husband gave his wife a divorce via
The burden placed on him and his wife was so heavy that the poor soul could barely bear it
She's mentally ill so she's a patient and she's constantly troubled by this anxiety
I must not utter the word divorce anywhere so therefore every
Moderation is essential if a wife claims this right herself she should be granted it
Dina should be perfectly fine so the purpose sir regarding this divorce
If you'd like to mention any other case regarding divorce please do so here
Some fundamental awareness we should have regarding this is:
e most crucial need our society urgently requires regarding divorce is
Divorce is a dignified method and the reason for this is that it is inherently appropriate in its own context
The law in Pakistan states that you must issue three notices or otherwise
In which school of thought are all these matters in their proper place and in which school is triple talaq
I came upon one or two laws but even more importantly we must see this for ourselves
It should be that if divorce is to be carried out according to the method prescribed by Islamic law which is the proper and lawful way
Follow this approach which entails the least possible losses
Divorce is better what is meant by "talaq al-ahsan" is that the husband divorces his wife in a proper and lawful manner with no ill intent or harshness
at any husband who divorces his wife does so with a single divorce regardless of whether he
A divorce can be declared verbally whether written or conveyed through a union council
There are also notices of divorce here one for each divorce
The benefit of divorce will be that the relationship will end with just one divorce
The atmosphere should be such that the husband's intention is to obtain the divorce certificate according to Sharia law
and it's not necessary for him to say "Yes because I have a certificate"
Therefore I will write only three divorces the reason being that generally
In our society divorces are often granted out of emotion rather than reason
I don't know what I did wrong with Shawn Rota and generally our Pakistan
Those who are followers of Fakhanafi are the ones following Fakhanafi and this is what exists within Fakhanafi
at if you write three divorces they are indeed three so instead of
It is stated that we should give three divorce notices to a person if one divorce issued
If the matter can be resolved this way then a divorce should be granted
Among all those who understand our laws vast and intricate as they are
They were uncertain but our request to you is this: whatever comes your way
First tell them to end this relationship
Children should avoid desalination because of the harm it causes as you know
Their effects extend far into the future lingering for generations
Families break apart major problems arise—second if he grants divorce
Also tell them not to say "get divorced" to them but don't say that either
The law in Pakistan states that three makes one therefore
You can write three lines no problem the reason is that they
Public opinion is not about understanding if you treat them this way
They'll explain that poor fellow will write it down but afterward he'll become a mufti
He will come but he won't come to you to ask how many divorces have taken place
The mufti has instructed him to say that three has already occurred so he must repeat it
Poor souls both husband and wife are crying even the veil is weeping too
Reports indicate this is a highly sensitive matter no decision should be made in the heat of emotion
But if they do decide they should give one divorce not three at once
This is the true path and it is through this path that the fate of this world and the hereafter is determined
Sure fine Mr Mora I'd like to ask you a question
Someone asked me if what's in the coat is indeed the Nakanama
If it's not present if Nikanama hasn't even been written and Nikanama
s not available and if I need to verify the marriage certificate in the kote then
What is the procedure for verifying my marriage in the Koot
There is a marriage between two people
If Nekanama has any witnesses available they are present
will be called to the courtroom and these witnesses will be summoned as well
It will be asked what its status is then that thing will be
They will clarify it and make a decision based on its foundation
In addition there is another one: Nkanama before Nkanama's formalities otherwise
spouse and partner
They are married but there is no document available
And if she's happy with it you can't challenge that
at their marriage isn't happening and those people saying tha
We got married but they didn’t have any legal document
If it's not available you can't challenge that thing
and their children will also be considered legitimate
Thank you so much to both of you you've provided such detailed information today
Our topic was nikah marriage and its state
From a Sharia perspective you people have discussed it in detail
Thank you so much for taking the time to be here today
This is where our session
ends please grant us permission Allah hafiz
