ARABIC: أسباب فسخ النکاح في القانون الباکستاني والفقہ الإسلامی: دراسۃ مقارنۃ

Grounds for Dissolution of Marriage in Pakistani Law and Islamic Law: A Comparative Study

Abstract

Marriage is a solemn covenant as mentioned in the Holy Qur’an. It is a union of spouses to live contentedly with respect and affection as directed. The ordeals in human life testify the strength of this bonding that often obstructs smoothness of this relation. If the continuation of the relationship seems impossible then Shariah directs spouses to separate their ways with equal dignity and respect. A husband may dissolve the marriage tie without assigning any reason and a wife can ask for khul‘. Sometimes, marriage is dissolved with mutual consent of the spouses and sometimes husband divorces without the intervention of the court. This paper aims to examine different ways of dissolution of marriage in Pakistani Law and Shariah. In light of Dissolution of Muslim Marriage Act 1939 this papers investigates the conditions of faskh in which either spouse may go to the court of law for dissolution of marriage. This paper analyses the grounds for dissolution of Muslim marriage in Pakistani Law and compares it with classical Islamic Law focusing on the opinions of Muslim Jurists.