WHEN TALAQ IS NOT VALID IN ISLAM:
Some people ask us when talaq is not valid in Islam. In Islam man has the right to divorce his wife at any time and even without a reason. The husband has the right to pronounce the talaq but there are certain circumstances when the given talaq of the husband becomes invalid. To pronounce talaq in Pakistan and Islam it is required that it should not be given in the below circumstances
- WHEN HUSBAND IS MINOR: When the husband is minor he cannot give divorce to his wife. The reason is that for giving the divorce the husband should be of sound mind. The husband who is a minor is not considered to be a person of sound mind so the talaq given by the minor husband will be invalid. So when you ask when talaq is not valid in Islam, it is not valid when the husband is minor.
- INSANE: If the husband is insane the husband cannot give divorce to his wife. During the period of insanity, the divorce by the husband will be invalid. Islam and the law of Pakistan do not recognize the divorce given during the period of insanity. During insanity, the law and the religion both do not recognize divorce or any divorce certificate in Pakistan. For your question when talaq is not valid in Islam, it is not valid during insanity.
- Free consent: The divorce in Islam given by the husband should be with his free consent. If a husband gives divorce to his wife under threat or coercion such divorce will be invalid and have no value in the eye of law and Islam. Free consent shows a stable state of mind so Islam wants that this decision of divorce should not be taken as a hazard. For your question when talaq is not valid in Islam, it is not valid if it is given without free consent.
- During pregnancy: During pregnancy a husband can pronounce the divorce in Pakistan but this talaq will only be operated after the birth of a child when the wife has completed her three menstrual cycles. This means that before the expiry of three menstrual periods after child birth, the couple can rejoin with each other as husband and wife. For the divorce, the period of pregnancy should be over. Islam wants the husband and wife to live happily. Islam knows that when a husband and wife a brought together there are cases of saving the marital relationship.
- During periods: A husband should divorce his wife only when his wife is not in her menstrual period. A husband knows when his wife is having menses. If a talaq is given by the husband when she is having her menstrual period such talaq will be no talaq. The husband has to wait till the wife has purified her and her menses periods are over. Islam always wanted to save the husband and wife’s relationship. So it is the ruling of Islam that during this period there was no dissolution of marriage in Pakistan and Islam by the way of talaq. For your question when talaq is not valid in Islam, it is not valid during the wifes menses.
- Intoxication: To pronounce talaq by the husband to the wife it is mandatory that he should be in a good state of mind. If a husband pronounces talaq to his wife under intoxication then this pronounced talaq will have no value in the eye of law. For more legal and complicated issues you can contact our expert lawyer in Lahore Pakistan.