Principal Centre of Research and Policy - PCRP

It's Not Just About Saying 'Talaq' Thrice

Ever wondered what happens when someone says 'Talaq' three times in Pakistan?
It's not that simple! The Islamic schools and legal system have a complex debate around it.

Hanafi school: One sitting, three 'Talaqs' = divorce (but considered Makrooh)
Ahl-e-Hadith & Ibn Taymiyyah: One sitting, three 'Talaqs' = one count (Islam encourages reconciliation)
Best approach? Talaq-e-Ahsan: one pronouncement, 90-day Iddat period for reconciliation
Court verdicts:
- 2014 MLD 254: Reconciliation is key!
- 1990 CLC 1683: Talaq-e-Hasan is a structured process, not instant
- 2008 PLD 609: Triple Talaq has serious legal consequences
Don't forget: Notice to Union Council (Section 7 MFLO) is mandatory for divorce to be legally complete
Let's break it down further... Follow for Part 2

Exercise Caution When Using AI for Legal Drafting

While AI can be a valuable tool, it's crucial to be aware of its limitations. AI models can generate inaccurate or non-existent case laws and citations, which can have serious consequences in a legal context.

In Pakistan, presenting false citations can lead to:
1. Misleading the Court (Accused of misleading the court).
2. Professional Misconduct proceedings (Bar council can suspend or cancel your license).
3. Contempt of Court actions (Contempt proceedings can also be initiated).

To ensure accuracy, verify all citations with reliable sources such as PLD, SCMR, or pakistanlawsite.com.

AI should be used as a supplementary tool, not a substitute for thorough research.

Stay vigilant and maintain the highest standards of professional integrity..

Muhammad Bukhsh Alias v Govt of Sindh.

The Supreme Court of Pakistan recently delivered a landmark judgement, highlighting the need for reforms in policing practices and courtroom procedures. The case, which originated from a murder appeal, revealed systemic flaws that led to the dismissal of the appeal by the Sindh High Court. The Supreme Court bench, comprising Justice Muhammad Hashim Khan Kakar, Justice Salahuddin Panhwar, and Justice Ishtiaq Ibrahim, took suo moto notice of these issues and expanded the scope of the judgement to address them.

The judgement emphasizes the importance of ensuring justice is not only served but also seen to be served, highlighting the need for transparency and accountability in the justice system. The court also stressed the importance of using clear and simple language in courtrooms to ensure that justice is accessible to all, regardless of their background or socio-economic status.

This judgement is a significant step towards reforming Pakistan's justice system and ensuring that justice is delivered in a fair and timely manner. Let's hope it sparks meaningful change!

In Vice Chancellor Shaheed Muhtarma Benazir Bhutto Medical University and others Vs. Altaf Hussain Soomro, the Federal Constitutional Court ruled its decisions on constitutional matters are binding on ALL courts, including the Supreme Court!

The court clarified: High Court decisions bind lower courts and Supreme Court decisions bind all courts (under stare decisis) BUT, FCC decisions aren’t bound by Supreme Court rulings.
In your opinion what implications will this have on Pakistan’s legal system?

Know your rights!
Understanding bail laws in Pakistan can save you from unnecessary jail time. Learn about bailable and non-bailable offences, pre-arrest and post-arrest bail, and how to navigate the system.

In Pakistan, bail laws can be complex, but knowing your rights is crucial!
Bailable offences (Section 496) give you the right to bail, while non-bailable offences (Section 497) depend on court discretion. Pre-arrest bail (Section 498) helps you avoid arrest, and post-arrest bail gets you out of jail.
Don’t navigate this alone understand your options and seek help when needed!

Oral advocacy in moot court is not merely about knowing the law or memorising submissions. It is about consistency under pressure, clarity in structure, and composure during judicial intervention.

Many mooters prepare extensively for research but underestimate the importance of courtroom discipline such as how you respond to questions, how you manage your time, how you maintain eye contact, and how you conclude each issue with a clear prayer.

Judicial grilling often tests temperament as much as legal understanding. The ability to remain calm, answer directly, and respectfully maintain your stance reflects preparation and confidence.

These techniques may appear small, but in practice, they significantly influence how your submissions are received by the bench. Advocacy is as much about presentation and control as it is about substance.

Key techniques every mooter must consciously develop.

Know Your Rights: What the Law Actually Says.

Under Pakistani law, a confession made before the police carries no evidentiary value.

Article 38 of the Qanun-e-Shahadat Order, 1984, and Section 164 of the Criminal Procedure Code clearly establish that a confession is admissible only when it is:

• Voluntary; and
• Recorded before a Judicial Magistrate.

Any statement obtained through coercion, inducement, or pressure is legally unreliable.

Legal awareness is the first step toward justice.

Can just one statement amount to workplace harassment?

Yes. From a legal perspective, and specifically under Pakistani law.

In Complaint No. FOH-HQR/00504/2024, titled Ms. Fazia Akhter vs. Dr. Zabta Khan & Others, before the Office of the Federal Ombudsperson for Protection Against Harassment of Women at the Workplace, a university Vice Chancellor was formally reprimanded for making gender-based remarks alleging that women become “mentally unstable” after the age of 35 due to hormonal changes.

Under Section 2(h) of the Protection Against Harassment of Women at the Workplace Act, 2010 (as amended), harassment includes unwelcome verbal conduct or discriminatory behavior that creates a hostile or offensive work environment.

The law does not require repeated conduct. Even a single statement, if degrading or discriminatory, may amount to workplace harassment.

This case reinforces the necessity of enforcing anti-harassment mechanisms, promoting gender equality, and ensuring dignified professional spaces.

Serious discussions.
Careful research.
And a few genuine laughs in between.

Here’s a look behind the scenes of our latest podcast.

Watch the complete episode on PCRP’s YouTube.
Link in bio.