Procedure for Talaq

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Procedure for Talaq as in section 47 of the ISLAMIC family law

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Procedure for Talaq

  1. 1. Procedure for TALAQ as in Section 47 of the Islamic Family Law (Fed Territories) Act Application to Syariah Court - Submits particulars such as reason for desiring divorce Court will summon the other party for appearance and inquiry purpose. Section 47(3) : Section 47(5) : Both parties agree, court will ask husband to When party do not agree, court will appoint pronounce talaq. conciliatory committee. Section 47(13): Section 47(11) : Reconciliation effective, application Committee unable to affect reconciliation, dismissed. court will advise husband to pronounce talaq. Husband agrees, one talaq is effected. Section 47(14) : Husband refuses, court refer to HAKAM. Section 48(5) : FIRST HAKAM If empowered, can affect divorce. (Hanafi and Shafii Schools). Difference betweenConciliatory Committee AND HAKAM - Main power : - Main power : Section 48(5) : SECOND HAKAM reconciliation reconciliation with further power to HAKAM can affect divorce. (Maliki School) pronounce talaq - Earlier stage - Later/sequel stage By – AHMAD FAROUQ

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