Women and Divorce

[Code_Red]

Re: Women and Divorce

sweetu - you might find this threadinteresting and helpful regarding your query

@tariqlkhan

Code_Red
I agree that Nikah Nama is the legal document and is the requirement of Govt. of Pakistan. I was saying that Shariah does not require documentation and in Pakistan, you can use Nikah form to register yourself after you are done with islamic nikkah (even days after).

I agree it is not a sharriah requirement. Same way Birth certificate and NIC also not a shariah requirement, but Islamic states made it compulsary for the convenience of general public and to streamline record keeping. I am suggesting Talaq nama for the same reasons as well.

About Talaq, 3 talaq (3 in one time or once/time @ 3 different times) is final Talaq where there is no coming back (with in or after iddat). 1 talaq at a time (unless its the 3rd time one is doing it) has room for husband and wife to get back together.
BTW, this is Hanafi belief, if one is Ahl-e-Hadees or Shia maslak, then its different (I think).

You are right about no comming back after 3 talaqs.. but 3 talaqs at once is not a possible scenario. Because according to quran a talaq is accompanied by an iddat ( time for spouses to stay together
, during which they can reconsider options ) and talaq is not complete without iddat. Iddat is a must, For Islamic way of divorce. So to complete the legal Islamic 3 talaqs one has to 3 iddats in between. For reference see verse number 227, 228,229, 230 and 231 of chapter 2 (sura baqra) Also see Sura Talaq. The whole procedure is elaborated in simplest manner

So by introduction of Talaq nama ,the date of talaq would be mentioned as well the estimated time period of iddat along with major details like haq mehr as per nikah nama ( copy of nikah nama would also be attached as reference). After the completion of iddat payment of meher the talaq is complete. the copy of this form should kept with union counsil, nikah registerar and both parties for furture reference and can be used during any dispute. Also it would end the menace of tripple talaq at a time, once and for all.