Instances of the process of divorce in Pakistan:
Nazia Law Associates is a professional law firm that deals with the process of divorce in Pakistan. When a person swears an oath that he will not have sexual intercourse with his wife ever, or even when he does not use the word ever, then he has sworn the oath of Ila’. Where the husband uses the oath for a specified period that is less than four months or implies a duration that is less than four months, the oath is not deemed Ila’. Where the husband repeats the oath of Ila’ several times in the same session, it will be treated as a single oath. The violation of the oath will lead to a single expiation for the process of divorce in Pakistan.
About The Period of Oath of Ila’:
The period of four months of Ila is to be reckoned in days and is 120 days. Retraction of Ila’ and consequences If, after the oath of Ila’, he has actual physical sexual intercourse with his wife, or takes her back by the use of words when he is physically or legally unable to have actual intercourse, in a period that is less than four months from the time of swearing of the oath, he is said to have Committed recourse and violated the oath. Where the husband can have actual sexual intercourse with his wife in such case any physical contact less than that will not amount to recourse. Upon recourse and violation of the oath, the husband becomes liable for expiation to be made for the violation of an oath. Effect of non-retraction of Ila’ If the husband does not have recourse to his wife, who was the subject of the oath, as described above, within four months, the wife stands divorced irrevocably through one repudiation.
Process of Divorce and oath of Ila’:
It is as if the oath was expressed in the following words, “If I do not have intercourse with you for the next four months, you stand divorced irrevocably once” If there is no reconciliation in four months it will result in irrevocable repudiation. The wife will undergo iddat (waiting period), which will commence from the date the repudiation becomes effective. The divorce procedure in Pakistan becomes operative upon the completion of the period of four months, and its effectiveness does not depend upon the decision of the judge. It is Allah Almighty who heard his oath of Ila’ and it is He who also heard the injury that the husband intended to inflict upon his wife. Nevertheless, the wife may be constrained to take her case before the judge. If the words used for the oath were ambiguous and he claims before the judge that he did not mean abstention from sexual intercourse, he is to be deemed truthful by the judge.
Additional Forms of the process of divorce in Pakistan (Zihar and Lian) Zihar: meaning and conditions Zihar (injurious assimilation) is an oath through which the husband compares his legal relationship with something prohibited thus denying his wife the right of cohabitation. The basis of this oath is the statement of the husband, “You are for me like my mother’s back.” The comparison drawn with any of the females who are perpetually prohibited for the husband will have the same effect. The oath can be pronounced by anyone who is a major, actually, or legally sane.