Dissolution of Marriage: Practices, Laws and Islamic Teachings
Policy Perspectives, Vol. 4, No. 1, January-June 2007
26 Pages Posted: 14 Aug 2010
Date Written: August 12, 2010
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
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