Right of Women to Divorce: Adjudication of Redemption (Khul') in Islamic Law and Pakistani Law, a Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts on the Basis of Legal Opinion (Ijtihad)

Australian Journal of Basic and Applied Sciences, 2015

7 Pages Posted: 16 Sep 2015

See all articles by Muhammad Mehmood

Muhammad Mehmood

International Islamic University of Malaysia (IIUM)

Siddiq Chishti

International Islamic University Islamabad

Muhammad Hassan

International Islamic University, Islamabad

Date Written: June 22, 2015

Abstract

Pakistan is an Islamic country. The laws made by the Parliament and Judiciary are administered according to the injunction of Islam. There are many laws made for the protections of women. Among these rights granted, right of women to khul' is also awarded by Islamic Law. Khul' is the proposal given to the husband by the wife for divorce. Judicial Khul' is exercised in Pakistani courts, according to Article 2(ix) of dissolution of Muslims Marriages Act 1939. A large number of Ulama (Islamic Jurists) even today, refuse to recognize khul' granted by courts without the consent of the husband as a valid divorce. Confusion is caused by two parallel and conflicting interpretations of the Islamic Law. On one hand, there is the statutory law and interpretation by the Superior Courts of Pakistan and on the other hand, is the interpretation of Jurists of Islamic Law with strong arguments from Qur'an and Sunnah. In our forgoing research detailed decision of courts is given to clarify the Judicial Ijtihad.

Keywords: Khul„(Redemption), Talaq (Divorce), Mubara‟at (Mutual Freeing), Faskh-e-Nikah (Dissolution of Marriage), Qazi (Judge), Mahar (Compensation) Ijtehad (Legal consensus)

Suggested Citation

Mehmood, Muhammad and Chishti, Siddiq and Hassan, Muhammad, Right of Women to Divorce: Adjudication of Redemption (Khul') in Islamic Law and Pakistani Law, a Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts on the Basis of Legal Opinion (Ijtihad) (June 22, 2015). Australian Journal of Basic and Applied Sciences, 2015, Available at SSRN: https://ssrn.com/abstract=2659394

Muhammad Mehmood (Contact Author)

International Islamic University of Malaysia (IIUM) ( email )

Malaysia

Siddiq Chishti

International Islamic University Islamabad ( email )

Sector H-10 Islamabad,
Pakistan
Islamabad, Islamabad 46000
Pakistan

Muhammad Hassan

International Islamic University, Islamabad

Sector H-10 Islamabad,
Pakistan
Islamabad, Islamabad 46000
Pakistan

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