Contribution of the Lahore High Court in the Development of Islamic Family Law in Pakistan

22 Pages Posted: 27 Oct 2017

See all articles by Shahbaz Ahmad Cheema

Shahbaz Ahmad Cheema

Punjab University - Law College

Zubair Abbasi

Lahore University of Management Sciences (LUMS)

Date Written: October 21, 2017

Abstract

This article systematically presents the role of the Lahore High Court (LHC) in developing Islamic family law in Pakistan. The LHC was established one hundred and fifty years ago and has contributed significantly in this area of law. The gender sensitive and children friendly approach of the LHC in the domain of family law is evident by its numerous decisions. This approach on the one hand is inspired and informed by the ethos and spirit of Islamic dictates and on the other, by the day-to-day realities of the socio-economic condition of women and children in the institution of marriage. The court has attempted to keep the rights of these marginalized segments in sight and protect them instead of toeing precedents in a straitjacketed/mechanical manner. The fluid milieu of difference of opinions among scholars in Islamic legal texts (fiqh) has been innovatively employed so as to put it in service of women and children. The same approach is also demonstrated through the progressive construction of statutes.

Keywords: Lahore High Court; Islamic Family Law; Pakistan; Marriage; Dower; Divorce

Suggested Citation

Cheema, Shahbaz Ahmad and Abbasi, Zubair, Contribution of the Lahore High Court in the Development of Islamic Family Law in Pakistan (October 21, 2017). Available at SSRN: https://ssrn.com/abstract=3056579 or http://dx.doi.org/10.2139/ssrn.3056579

Shahbaz Ahmad Cheema (Contact Author)

Punjab University - Law College ( email )

University Law College
University of the Punjab
Lahore, PA Punjab 54000
Pakistan

Zubair Abbasi

Lahore University of Management Sciences (LUMS) ( email )

D.H.A, Lahore Cantt
Lahore, Punjab 54792
Pakistan

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