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Answer |
1) A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also necessary that a man seriously intends to divorce; therefore, if he pronounces the formula of divorce jokingly, the divorce will not be valid.
2) It is necessary that at the time of divorce, wife is Pak from Haidth and Nifas, and that the husband should not have had sexual intercourse with her during that period.
3) It is necessary that the formula of divorce is pronounced in correct Arabic using the word “Taliq”; and two just (Adil) persons should hear it. If the husband wishes to pronounce the formula of divorce himself and his wifes name is, for example, Fatima, he should say: Zawjati Fatima taliq (i.e. my wife Fatima is divorced) and if he appoints another person as his Wakil to pronounce the formula of divorce, the Wakil should say: Zawjatu muwakkili Fatima taliq (Fatima, the wife of my client is divorced). And if the woman is identified, it is not necessary to mention her name. And if the husband cannot pronounce divorce in Arabic, or cannot find a Wakil to do so, he can divorce in any language using the words of the same meaning as in Arabic formula. (Ref: Ayatullah Sistani(d.b),Tauzee hul masail, maslah # 2462-73)(Khuda aap ki tawfiqaat mein izafa farmaye).
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