Lawyer Analysis on Divorce law in Pakistan

Analysis on Divorce law in Pakistan:

If you need a brief analysis on divorce law in Pakistan or law for khula in Pakistan, you may contact Jamila Law Associates. Some of the important questions that need a thorough analysis are whether a section of the Muslim Family Law Ordinance (hereinafter the MFLO) in Pakistan is rooted in Islamic Law or not; why it has been, and still is, criticized so much; and whether that criticism is valid or not.

Judiciary on Divorce Law in Pakistan:

Moreover, how has the judiciary in Pakistan on divorce law in Pakistan or law for khula in Pakistan and Bangladesh interpreted this section and whether the higher courts in both countries have been consistent in their interpretation? What is the position in other Muslim countries and of Muslim communities living in non-Muslim states? These are some of the questions that are answered in this work. The work also critically evaluates Indian cases on talaq to discover the status of similar law(s) in that country viewed through the lens of Islamic law. Related legal topics on divorce law in Pakistan or law for khula in Pakistan bearing on this issue are also discussed along the way.

REFORMS IN DIVORCE LAWS OF MUSLIM STATES:

The position of Ibn Taimiyah on this issue has influenced most of the legislation in a majority of the Muslim states regarding personal laws since the beginning of the twentieth century. Egypt was the first country to deviate from the position of jamhur (the majority of Muslim Jurists) when it provided that a divorce accompanied by a number expressly or implied shall count only as a single divorce, and such a divorce is revocable except when three talaqs are given, one in each tuhr.

Law for Khula in Pakistan:

The Pakistani law on divorce law in Pakistan or law for khula in Pakistan provides that the pronouncement of all divorces by the husband is revocable except the third one, along with a divorce before consummation of marriage and divorce for consideration.

Syrian law:

The Syrian law combined the provisions of the Egyptian and the Pakistani laws by providing that if a divorce is coupled with a number, expressly or implied, not more than one divorce in divorce law in Pakistan or law for khula in Pakistan shall take place, and every divorce shall be revocable except a third divorce, a divorce before consummation, and a divorce with consideration, and in this law such a divorce would be considered irrevocable. Morocco, Iraq, Jordan, Afghanistan, Libya, Kuwait, and Yemen, adopted similar laws in and, respectively. Besides these, many other Muslim countries have also adopted Ibn Taimiyah’s opinion as the guideline for their personal laws on this topic.

Latest Countries:

These include the The United Arab Emirates, Qatar and Bahrain are the latest countries, respectively, to embrace Ibn Taimiyah’s views on triple talaq. To this list may be added Pakistan and Bangladesh. Section of the MFLO on divorce law in Pakistan or law for khula in Pakistan explained below seems to have implied the abolishment of triple talaq because the procedure contained therein is not applicable to it. Thus, fifteen Muslim states have either explicitly or implicitly adopted Ibn Taimiyah’s position. Pakistani law has gone one step further.

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