Dissolution of Marriage: Practices, Laws and Islamic Teachings

Policy Perspectives, Vol. 4, No. 1, January-June 2007

26 Pages Posted: 14 Aug 2010

See all articles by Shagufta Omar

Shagufta Omar

International Islamic University - Dawah Academy

Date Written: August 12, 2010

Abstract

Although the institution of the family is accorded profound importance in Islam, the right to dissolution of marriage is given to both spouses. The Quran and Sunnah provide clear guidance for dissolution of marriage that protects the rights of all stakeholders- the husband, the wife, the children, and society at large. These Islamic teachings are, for the most part, the basis of the different family laws in Pakistan, although there are some conflicts and inconsistencies. However, there are certain practices in Pakistan, which are often in blatant violation of Islamic teaching, largely due to public ignorance of Islamic teachings and weak implementation of laws, and partly to weaknesses in the laws. To alleviate the additional suffering that this situation imposes on disintegrating families, the remaining in consistencies and gaps between Islamic teachings and family laws need to be closed, public awareness needs to be built on a war footing, and the concerned stakeholders, especially legislators, lawyers, the judiciary and ulema, need to be facilitated in understanding one another's perspective and working together.

Keywords: Marriage, Dissolution of Marriage, Islamic Teachings regarding Dissolution of Marriage, Divorce, Khula

Suggested Citation

Omar, Shagufta, Dissolution of Marriage: Practices, Laws and Islamic Teachings (August 12, 2010). Policy Perspectives, Vol. 4, No. 1, January-June 2007. Available at SSRN: https://ssrn.com/abstract=1657783 or http://dx.doi.org/10.2139/ssrn.1657783

Shagufta Omar (Contact Author)

International Islamic University - Dawah Academy ( email )

PO Box 1243
Islamabad, Islamabad Capital Territory 46000
Pakistan

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