In a landmark judgment, Pakistan’s Supreme Court has clarified that any divorce under Muslim law, including talaq-e-bidat (instant or triple divorce), cannot be considered final until the 90-day period prescribed under Section 7 of the Muslim Family Laws Ordinance, 1961, has been completed.
This decision reinforces the importance of a statutory cooling-off period, ensuring couples have time to reflect and reconcile.
A three-judge bench, led by Chief Justice Yahya Afridi and comprising Justices Muhammad Shafiq Siddiqui and Mian Gul Hasan Aurangzeb, upheld the Sindh High Court’s ruling from October 7, 2024. The case involved Muhammad Hassan Sultan and Morial Shah, who married in 2016. According to clause 18 of their nikahnama, the husband had granted his wife unconditional powers to initiate divorce.
Shah had served a notice of divorce on July 3, 2023, under Section 7(1), but she later withdrew it on August 10, 2023, before the 90-day statutory period ended. Following her withdrawal, the Union/Arbitration Council closed the divorce proceedings.
The Supreme Court emphasized that when a wife is given unconditional authority to divorce, she also holds the right to revoke it within the 90-day period. The ruling makes it clear that any divorce under Muslim law is ineffective before the statutory period elapses, regardless of its type, including instant talaq-e-bidat. This ensures couples are provided a meaningful chance for reconciliation, in line with both Islamic principles and statutory law.
The court also noted that divorce proceedings initiated abroad, such as in New York, do not impact the legality of revocation in Pakistan. The petitioner’s civil petition challenging the High Court’s decision was dismissed, confirming that the delegation of divorce rights inherently includes the authority to withdraw.
Legal experts are calling this decision a milestone for women’s rights, as it strengthens protections under the Muslim Family Laws Ordinance and prevents hasty or unilateral divorces from taking effect without due consideration.
