Restriction and Registration of Divorce in Islamic And Pakistani laws
Abstract
In the case of disunity and conflict between the spouses, the Islamic law
has instituted a reasonable way for the dissolution of marriage between
them which is called “divorced”. Islamic law gives instructions to tackle
the issue of divorce positively. Two important issues related to divorce
has discussed in this research article in the light of Islamic law and in the
perspective of Pakistani legal system. Firstly, the issue pertaining to the
Registration of divorce according to the prescribed procedure which is
an important legal and social issue imposed by the Muslim family law
ordinance 1961 is highlighted. Secondly, the impliedly restriction on the
number of divorced as declared by the said ordinance that husband can
remarry with same wife without intervening marriage with a third person
without consideration of number of divorce.
The case of registration of divorce is not repugnant to Islamic law,
because it is an administrative discretion of government, which may be
imposed by government for the protection of public interest, but
restriction regarding the number of divorced as fixed by Islamic law or
snatching the power of husband which has conferred on him by Allah
almighty is illegal and repugnant to Shari’ah. So Islamic law does not
allow any such interference which deprived a person from enjoying his
legal right. Method of research adopted during this study is analytical
and comparative.
Ihsan-ul-llah Chishty. (2018) تقیید الطلاق وتسجیله فی الشریعة الاسلامیة والقانون الوضعی الباکستانی, Hazara Islamicus, Volume 7, Issue 1.
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