HAS ANY ISLAMIC COUNTRY TAKEN UP REFORMS IN THE PRACTICE OF TALAQ ?

Let’s begin with our neighbour Pakistan. Pakistan in 1961 had passed the ‘The Muslim Family Laws Ordinance’. According to this law, if a man wishes to divorce his wife, he will pronounce talaq and approach the Chairman of the Union Council which is appointed by the state, and give him a written notice and forward the same to his wife. Within 30 days of the receipt of the notice, the Chairman will set up an Arbitration Council which shall consist of himself, a representative of each of the spouse, and the board would try to bring reconciliation. If any individual tries to bypass this legislation then they will be punished with simple imprisonment for a year or a fine which may extend to Rs 5,000 or both.  Another example is Morocco, which has a majority population of Muslims. They have the Moroccan Family Code (Moudawana) passed in 2004. The code aims at putting both husband and wife on the equal footing, thereby prohibiting the man from pronouncing divorce unilaterally except when the procedure is being supervised by someone.  The code also attempts to bring arbitration and conciliation between the parties concerned. The code further states that if a man chooses to still divorce a wife, then a divorce can only be granted only if the husband pays off all the due rights held by the wife and the children. Like Morocco, Algeria, Indonesia, Iran and Tunisia have similar legislations which do not recognise a divorce given by a husband unilaterally, and compel the parties to resort to a court of law. The News 18 : 11th. May,17

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