Pakistan Law Of Divorce
Divorce is the right of man to give. If he gives it does take place. The rest is how to prove it. if both husband and wife confess that divorce did take place, it is validated by the court.
Sir, if prophet verbally divorced his any of his wifes in his lifetime, then it would be sunnah which is to be followed, and verbal talaq would be effective and would take place no matter what the law says, because it was the method in which the prophet gave divorce and it took place for him so it should for us too, i saw an event where the daughter of jaun was divorced through the words ‘ go back to your family’ is this event true and can these words be taken as the way the prophet pronounced divorce and would it be obligatory to say that oral divorce would definitely take place because it took place when the prophet pronounced it even if law says it will be ineffective until proven either through court or union councils.
Sunnah is not every act of the prophet, but only those which he initiated as independent acts and taught the Muslims collectively like prayer, fast, etc. However, some when loosely used the term sunnah is used for every act of the prophet, but technically it is not sunnah. Verbal divorce does take place. if the matter is between the husband and wife, it will be considered divorce, but if any one of the parties takes it to court, then the court will follow the procedure. The first thing in the court is to prove the act. In this regard, the court of the prophet or any present court are the same. You have to provide written proof or witnesses.