A Critical Analysis of Judicial Khul‘through Interpretation of Pakistani Case Laws
This work will focus on case law regarding Khul‘ in Pakistani courts and the prerequisite of approval of husband in case of Khul‘ and grounds of Khul‘, as grounds mentioned in Section 2 of DMMA 1939. In 1939; first time the woman’s right of Khul‘ had been established in section 2, this law has s...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Arabic |
| Published: |
Bahauddin Zakariya University
2021-12-01
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| Series: | Pakistan Journal of Islamic Research |
| Subjects: | |
| Online Access: | http://pjir.bzu.edu.pk/website/journal/article/61cf0a43eab07/page |
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| Summary: | This work will focus on case law regarding Khul‘ in Pakistani courts and the prerequisite of approval of husband in case of Khul‘ and grounds of Khul‘, as grounds mentioned in Section 2 of DMMA 1939. In 1939; first time the woman’s right of Khul‘ had been established in section 2, this law has shaped a huge confusion whether Khul‘ is the separation of marriage (faskh-e-nikah) or Divorce (talaq), whether courts have any authority to grant Khul‘ lacking of permission of husband. In 1959 the Lahore high court first time in its verdict in Balqis Fatima case laid down the rule about the consent of the husband and this rule was also endorsed in Khurshid Bibi case after 8 years. In 2014 Federal Shariat Court in Saleem Ahmad case again reinforced this view. Now it is settled that Balqis Fatima and Khurshid Bibi cases are landmark judgments and examples of judicial explanation of Khul‘ in Pakistan. The Pakistan Superior Courts have recognized that where the male partner is directly responsible for the marital disharmony and marriage must be dissolved on the basis mentioned in section 2 of DMMA. Section 10 (4) of West Pakistan Family Courts Act, 1964 has been given new practicable and dynamic interpretation by the Superior Courts of Pakistan. |
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| ISSN: | 2070-0326 2618-0820 |