Dar-e-Nijaat: 'Give Talaq to her and I will do Nikah with you'

Dar-e-Nijaat is a Pakistani ARY Digital drama exploring the world of different characters with varying religious beliefs and what happens when their emotional and social worlds collide. The drama has gone viral as the themes of love and faith have resonated deeply with its audience.

The most recent episode ended with the main character, Zaryab, engaging in a heated exchange with her ex-partner, Zamil, over WhatsApp. Episode 18 ends with Zaryab proclaiming to her ex-partner, that she will only agree to a Nikah with him if he gives Talaq to his first wife (Humna), otherwise she will go ahead with her Nikah with Abu Bakr (her current fiancé) in less than 24 hours.

Viewers are eagerly awaiting the next episode to see who Zaryab conducts a Nikah with.

In this article we explore Nikah and Islamic divorce in more detail.

Nikah

A Nikah is a sacred and formal contract of marriage between a man and woman conducted in accordance with Shariah principles. You should not take this matter lightly; it entails a process of mutual consent of the couple, proposal and acceptance, witnesses and Mahr.

The Nikah contract can stipulate various conditions which the parties have agreed upon. The conditions can be about financial settlements, living arrangements, divorce conditions, children and the option for the man to take another wife.

The conditions are intended to protect the rights of both parties and to hopefully facilitate the enjoyment of a harmonious marriage.

Divorce

Divorce is generally viewed unfavourably in Islam and should only be considered in extreme and unavoidable cases. The Nikah contract is a sacred contract, and both parties have a duty to preserve it to the best of their abilities.

You and your spouse should make effort to resolve issues within a marriage before considering divorce, such as seeking therapy/counselling or engaging in Islamic arbitration.

Valid reasons for seeking a divorce in Islam include physical, mental or emotional abuse, incompatibility, infidelity and failure to fulfil responsibilities.

Types of Islamic divorce

1. Talaq – ending of the marital relationship by the instigation of the husband (by his choice and his consent), and this involves specific, well-known phrases.
2. Khula – where the wife initiates divorce proceedings, but the husband and wife both agree on the terms of the divorce, usually regarding the repayment of Mahr (dowry given to the wife by the husband upon marriage).
3. Faskh-e-Nikah– this is the dissolution of the Islamic marriage, pronounced by a Shariah Court, upon the wife’s application. The husband does not utter Faskh, nor is it conditional upon his consent or choice. Faskh can only occur when there is a reason that makes it necessary or permissible (e.g. financial difficulty on the part of the husband, presence of a defect preventing intimacy etc). If the ruling is in the wife’s favour, then she does not have to return the Mahr.
4. Tafweed-e-Talaq – when the right of a woman to divorce is included in the marriage contract (i.e., delegated to her or a third party). This can be with or without stipulating conditions. Therefore, you should consider seeking advice from a Specialist Family Lawyer at the point of the Nikah being drafted.

Talaq

Talaq, the most common type of Islamic divorce, can be divided into two categories:

1. Revocable Talaq

The husband divorces his wife for the first or second time, without requiring her to provide him with any compensation. Here, it is permissible for him to take her back before her Iddah (stipulated waiting period) ends.

1. Irrevocable Talaq 

Major irrevocable divorce, which is when a man issues a third divorce to his wife. In this case, it is not permissible for her to go back to him until after she has married someone else in a valid and genuine marriage (i.e., after consummating the marriage), and the new husband leaves her (known as the practice of Halala).

Minor irrevocable divorce, which is when the man divorces his wife for the first or second time, then her Iddah ends, or he divorces his wife in return for compensation, or he divorces her before consummating the marriage with her. In this case, it is permissible for him to take her back, but it must be with a new marriage contract and a new Mahr.

Immediate Talaq or subject to conditions

1. Talaq with immediate effect e.g. when the husband says to his wife, “You are divorced” or other implicit words with the intention of divorce, without making the divorce conditional upon anything.
2. Talaq which depends upon a condition – tied to a clear oath or clear condition e.g. “When the sun sets, you are divorced.”

Civil law overlap

Besides navigating the complexities of Shariah Family Law, it is also important to bear in mind that, if the couple have a valid marriage (under the jurisdiction of England and Wales) they should also consider a civil divorce, the arising matrimonial financial matters and the arrangements for any children. It is important to seek the assistance of a Specialist Family Lawyer in this respect.

How we can help

Aysha Chouhdary is an experienced, award winning, Family Law Solicitor and Heads the global Faith and Cultural Family Law service at Geldards. Aysha is multilingual and can speak several languages to include Urdu, Mirpuri, Punjabi and Hindi which can help overcome any communication barriers with clients and third parties. She is committed to providing holistic advice to clients and strives for the best outcome, whilst working alongside the Shariah Council, and international experts, if so required.