Authencity of muslim divorce

M NISAR ANSARI (Querist) 22 February 2022 This query is : Resolved
A is an employee under central government who divorced his wife before 2019,her name was not entered in service book, the concerned department asking court decree of divorce which is not possible at all. What is the remedy of this problem? Is there any ruling?

Follow Query

Report Abuse

Quick Summary

A Muslim man divorced before 2019 faces issues with his department demanding a court decree for his divorce, which he cannot provide as his ex-wife's name was never added to his service book. Under Sunni law, a divorce (Talaq) can be validly pronounced orally or in writing without specific formulas, as long as the husband clearly expresses his intent to end the marriage. The core issue is whether the department's request for a court decree is necessary if the ex-wife's name was never officially recorded as a dependent.

kavksatyanarayana (Expert) 22 February 2022
As per the Heading of the query, the employee is a Muslim, but for which law means, a Sunni law or Shia law? When the wife's name has not been entered in the Service Register of the employee, then it is unnecessary to the department. If he has given the list of family members, and he wants to remove one name, then the employer asks the reasons with proof. So your query seems to be academic.

M NISAR ANSARI (Querist) 23 February 2022
Sir, Sunni law. Please explain academic and also suggest remedy. Regards

kavksatyanarayana (Expert) 25 February 2022
According to Sunni law, a Talaq may be oral or in writing (Talaqnama). No specific formula or use of any particular word is required to constitute a valid Talaq. Any expression which clearly indicates the husband s desire to break the marriage is sufficient to dissolve the marriage through Talaq.

P. Venu (Expert) 18 April 2022
If name has not been entered in the Family details (not the service book), what is the isse?

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries