What is the step-by-step process for a husband to give Talaq?

Divorce Procedures in Pakistan (Talaq) is a legal and religious process governed by both Islamic principles and the Muslim Family Laws Ordinance (MFLO), 1961. While Islam allows a husband to dissolve the marriage contract, the law ensures that this right is not abused and that both spouses are given a fair opportunity for reconciliation. To make the divorce valid and legally recognized, the husband must follow a proper step-by-step procedure. Failure to comply with these legal requirements can render the divorce invalid under Pakistani law.

1. Understanding Talaq under Islamic and Pakistani Law

The term Talaq literally means “to release” or “to let go.” It represents the husband’s formal decision to end the marriage contract. Under Islamic Shariah, divorce is permissible but strongly discouraged unless reconciliation is impossible. The Quran emphasizes that both families should attempt mediation before resorting to divorce (Surah An-Nisa 4:35).

In Pakistan, Islamic principles are incorporated into statutory law through the Muslim Family Laws Ordinance, 1961. Specifically, Section 7 of the MFLO prescribes the legal framework for giving Talaq. This section ensures that divorce is handled with proper notice, transparency, and an opportunity for reconciliation through the Union Council.

2. Step 1: Pronouncement of Talaq

The process begins when the husband pronounces Talaq — either verbally or in writing. Although oral Talaq is religiously valid, written Talaq is strongly recommended for legal clarity and documentary proof. The husband should pronounce only one Talaq (Talaq-e-Ahsan) rather than giving three at once.

Under Pakistani law, triple Talaq (Talaq-e-Biddat)—where the husband pronounces divorce three times in one sitting—is treated as a single revocable Talaq. Therefore, it is advisable to issue a single declaration followed by a waiting and reconciliation period, in accordance with both Islamic ethics and Pakistani legal procedure.

3. Step 2: Drafting the Written Notice of Talaq

After pronouncing the divorce, the husband must reduce it to writing in the form of a notice. This written notice should include:

• The husband’s full name, CNIC number, and address;

• The wife’s full details and address;

• The date and method of pronouncing Talaq;

• A clear statement that he intends to dissolve the marriage.

The written notice must be properly signed and dated. If the marriage was registered, the marriage registration number should also be mentioned for reference.

4. Step 3: Sending the Written Notice to the Union Council

Once the written Talaq notice is prepared, the husband is legally bound under Section 7(1) of the MFLO, 1961 to send it to the Chairman of the Union Council in the jurisdiction where:

• The marriage was registered, or

• The wife is currently residing.

This notice must be sent by registered post or delivered in person. The law makes this step mandatory. If the husband fails to send this notice, the divorce is not legally recognized, even if it may be valid under Islamic principles.

Failure to notify the Union Council can also lead to legal penalties, including imprisonment up to one year or a fine up to five thousand rupees under Section 7(2) of the MFLO.

5. Step 4: Union Council’s Notice to the Wife

Once the Union Council receives the husband’s written notice, the Chairman of the Union Council must, within a few days, send a copy of the notice to the wife through registered mail or another verifiable means. This ensures that the wife is officially informed of the Talaq and can take part in the subsequent reconciliation process.

6. Step 5: Formation of the Arbitration Council

After notifying the wife, the Chairman of the Union Council forms an Arbitration Council to attempt reconciliation between the husband and wife. The Council usually comprises:

• The Chairman (or his representative);

• A nominee from the husband’s side; and

• A nominee from the wife’s side.

The Arbitration Council’s role is to help both parties resolve their differences amicably. The Quran encourages reconciliation, and Pakistani law reinforces this principle by making it a formal part of the divorce procedure.

7. Step 6: 90-Day Waiting (Iddat) and Reconciliation Period

The law requires a 90-day waiting period starting from the date the Union Council receives the notice of Talaq. During these 90 days, the Arbitration Council conducts meetings and attempts to reconcile the couple. If reconciliation succeeds, the husband can withdraw the Talaq, and the marriage continues.

If reconciliation fails, the divorce becomes final and effective after 90 days. This period also coincides with the wife’s Iddat period, during which she remains entitled to maintenance and residence from the husband.

8. Step 7: Issuance of Divorce Certificate

Once the 90-day period expires without reconciliation, the Union Council issues an official  Divorce Certificate. This document serves as the legal proof of the dissolution of marriage. Both parties receive copies, and the record is entered into the Union Council register and NADRA database.

Without this certificate, the divorce is not legally recognized in Pakistan, and the parties cannot remarry lawfully.

9. Step 8: Post-Divorce Obligations of the Husband

After the divorce becomes final, the husband remains responsible for:

• Paying maintenance during the Iddat period;

• Paying the unpaid Haq Mehr (dower); and

• Providing child maintenance if children are involved.

The husband should also ensure that the wife receives her divorce certificate for future legal documentation, such as remarriage or property rights.

10. Importance of Following Legal Procedure

Many men mistakenly believe that pronouncing Talaq verbally is sufficient. However, Pakistani courts have repeatedly held that failure to notify the Union Council invalidates the divorce legally. In such cases, the marriage continues to exist in the eyes of law, and any remarriage by either spouse may constitute bigamy. Therefore, compliance with the MFLO procedure is crucial to ensure that the divorce is both Islamically valid and legally enforceable.

11. Conclusion

The husband’s right to give Talaq in Pakistan is recognized by both Islam and the law, but it must be exercised responsibly, thoughtfully, and lawfully. The process involves eight key steps: pronouncing Talaq, preparing and sending the written notice to the Union Council, notifying the wife, forming an Arbitration Council, waiting for 90 days, and obtaining the official Divorce Certificate.

Following this step-by-step procedure ensures that the divorce is valid, transparent, and compliant with the ethical and legal principles that safeguard the rights of both spouses under Pakistani and Islamic law.