Right of talaq vested with a husband under the Sharia

In a case reported as “Farah Khan v. Tahir Hamid Khan and another” (1998 MLD 85) it has been held that:-

“Even if it is presumed that the Arbitration Council had no jurisdiction to entertain the notice of Talaq given by respondent No.1 under the provisions of section 7 of the Muslim Family Laws Ordinance, 1961, the right of talaq vested with a husband under the Sharia has not been taken away from a Muslim irrespective of the country to which he belongs. In view thereof, despite the restrictions contained in the Muslim Family Laws Ordinance, 1961, the husband’s right of talaq prevails as given to him under the Quranic Injunctions. In Allah Dad v. Mukhtar (1992 SCMR 1273), it was held by the Supreme Court that the Muslim Family Laws Ordinance, 1961, shall have to be interpreted and construed in accordance with the Injunctions of Islam as laid down under the Holy Qur’an and Sunnah and in case of any conflict between the existing law, the Injunctions of Islam shall prevail. In a recent judgment (Muhammad Hanif and others v. Mukarram Khan and others (PLD 1996 Lahore 58), a Division Bench of this Court has held that even if no notice of divorce, as required under section 7 of the Muslim Family Laws Ordinance, 1961, is given to the Chairman Local Council, it will not make a divorce ineffective under Sharia.

 In view of the above, the divorce pronounced by respondent No.1 on 1-2-1991, had taken effect under the Islamic Injunction even if the notice to the Arbitration Council intimating such talaq or subsequent proceedings taken in this regard and the certificate issued by the Arbitration Council endorsing the effectiveness of talaq are ignored. ”

Part of Judgment of
Lahore High Court
Writ Petition-Family-Maintenance
27820-13
2017 LHC 2268

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