Originally posted by: Winterberry
Hypno ,
I want to know divorce law in one case-
Unconsummated marriage main how it works or is there concept of separation like we do in ITV ( No Talaq nothing verbal, nothing written just not living under same roof anymore )
When a marriage is not consummated, and a man gives talak to his wife, there is no iddat period in which the couple can reconcile so the talak becomes irrevocable immediately.
When a marriage is consummated, and a man gives talak to his wife, there is a 3 month iddat period in which the couple can reconcile. If the couple does not reconcile in this period, the talak becomes irrevocable. If the wife was pregnant at the time he gave her the talak, the iddat period lasts until delivery.
But iddat is not same as separation. In iddat, the wife still stays at the husband's house. f the couple reconciles in this period, the talak is revoked.
Separation
- `Ila'. A husband can separate from his with an oath that he will not have conjugal relations with her, then he has only four months to reconcile. Once that four-month period has elapsed, the husband and wife are to reunite to continue their marriage or obtain a divorce. I have yet to see this practice in real life among Pakistanis so culturally it may not be popular as practice.
- If a couple separate by mutual agreement, without the husband taking an oath, it is not classified as ‘ila’ so the restriction of four months does not apply. The couple would be separated but not divorced. This is like separation anywhere else I guess.
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