Automatic Divorce after Long Separation in Islam:
There is a difference of opinion on the topic of automatic divorce after long separation in Islam. The different sects of fiqha are divided at this point. The difference of opinion is on the basis of time period, such as how long separation should be before the automatic divorce in Islam. The most popular ones for the time period are listed below.
- Some say that the time period should be 90 years.
- Some say that the time period should be 70 years.
- Some are of the view that the period of 7 years is enough for the automatic divorce after long separation in Islam.
The law is different for the process of divorce. It says that you cannot be presumed to be automatically divorced. The law makes it clear that you are divorced when you are issued a divorce certificate in Pakistan. If you don’t have a certificate, you are not divorced. There is no concept of automatic divorce after long separation in Pakistan in the eyes of law.
How Long the Separation Should Be Before Divorce?
If you are wondering how long the separation should be before divorce, let us tell you that there is a concept of automatic divorce in Islam, but there is no such concept in Pakistan as per the law. The law in Pakistan does not recognize divorce automatically. The law needs proof that you are divorced. The only proof of divorce as per the law is the divorce certificate. If someone says that he or she is divorced, then he or she has to present the certificate. Moreover, if you are marrying again, the registrar will require a certificate of divorce from you. If you don’t have it, the other marriage cannot even be registered because the law requires proof.
Automatic Divorce in Islam:
There is a concept of automatic divorce in Islam, but the time period given in the religion is long. If you think you cannot wait for long, it is better for a female to seek the khula in Pakistan. The khula process in Pakistan only takes two months. These two months are very small as compared to the time period given in the religion. Moreover, it will also be good for you to comply with the legal formalities. The automatic divorce does not give you a certificate, whereas if you seek khula from the court, you have court orders that will compensate you for the legal issues.
For Muslim males, if the female is not living with the male, he has two options.
- The male can do a second marriage as per Islam.
- The male can also give talaq in Pakistan instead of waiting for the long period for automatic divorce.
The male can do a second marriage without the permission of the first wife, but legally, he will either need permission for a second marriage in Pakistan from the first wife or he will have to obtain a divorce certificate. If you have any issues or questions on the matter of automatic divorce, you may consult our expert lawyer in Lahore.
