Available via license: CC BY-NC 4.0
Content may be subject to copyright.
Corresponding Author: Muhammad Tahir (Professor, School of Law, University of
Karachi , Karachi, Sindh, Pakistan Email: Email: drtahir949@gmail.com)
Citation: . Tahir, M., & Shahid, M. (2023). Comparative analysis of Family Laws in Pakistan and
Islamic Injuctions in this Regard.
Global Legal Studies Review, VIII
(IV), 35-46.
https://doi.org/10.31703/glsr.2023(VIII-IV).05
DOI: 10.31703/glsr.2023(VIII-IV).05 URL: http://dx.doi.org/10.31703/glsr.2023(VIII-IV).05
p- ISSN: 2708-2458
e- ISSN: 2708-2466
Pages: 35 – 46 Vol. VIII, No. IV (Fall 2023)
Comparative analysis of Family Laws in Pakistan and Islamic Injuctions in this
Regard
Muhammad Tahir
*
Muhammad Shahid
†
Abstract:
“No
i
nation
i
can
i
ever
i
be
i
worthy
i
of
i
its
i
existence
i
that
i
cannot
i
take
i
its
i
women
i
along
i
with
i
the
i
men.”
Mohammad
i
Ali
i
Jinnah,
i
Founder
i
of
i
Pakistan” (Russell & Catharine, 2007).The
i
legal
i
status
i
of
i
Muslim
i
women,
i
especially
i
in
i
family
i
relations,
i
has
i
been
i
the
i
subject
i
of iconsiderable
i
international
i
academic
i
and
i
media
i
interest.
i
The
i
right
i
to
i
marital
i
freedom
i
is
i
a iconstitutional
i
right
i
in
i
Pakistan
i
and
i
demonstrates
i
that
i
in
i
a
i
country
i
in
i
which
i
women’s
i
rights
i
are inotoriously
i
and
i
brutally
i
violated,
i
female
i
divorce
i
rights
i
stand
i
as
i
a
i
ray
i
of
i
light
i
amidst
i
the
i“darkness”
i
of
i
the
i
general
i
legal
i
status
i
of
i
Pakistani
i
women.
i
Contrary
i
to
i
the
i
conventional
i
wisdom iconstruing
i
Islamic
i
law
i
as
i
opposed
i
to
i
women’s
i
rights,
i
the
i
constitutionalization
i
of
i
Islam
i
in iPakistan
i
has
i
proven
i
to
i
be
i
a
i
potent
i
tool
i
in
i
the
i
service
i
of
i
women’s
i
interests.
Key Words: MFLO, Traditionalist, Modernist, Divorce, Ijtihad, Commission, Child Custody, Islamic Law (Fiqh,
Shariah), Contemporary Laws.
Introduction
In
i
recent
i
years,
i
there
i
has
i
been
i
an
i
ever-increasing
i
fascination
i
with
i
human
i
rights
i
in
i
the
i
Muslim iworld,
i
particularly
i
the
i
subordinate
i
status
i
of
i
women
i
in
i
Islamic
i
law
i
and
i
culture.2
i
Westerners
i
in igeneral
i
and
i
feminists
i
in
i
particular
i
have
i
dreaded
i
the
i
possibility
i
that
i
the
i
Islamic
i
revival
i
sweeping ithe
i
Muslim
i
world
i
will
i
turn
i
back
i
the
i
clock
i
on
i
women’s
i
legal
i
and
i
social
i
rights.
i
The
i
West’s igrowing
i
unease
i
with
i
violations
i
of
i
women’s
i
rights
i
in
i
Muslim
i
countries
i
has
i
mad
i
this
i
issue
i
a
i
top ipriority
i
for
i
nations
i
and
i
advocates
i
alike.4
i
The
i
Islamic
i
Republic
i
of
i
Pakistan,
i
the
i
second
i
largest
ination
i
in
i
the
i
world
i
with
i
a
i
Muslim
i
majority,
i
represents
i
a
i
promising
i
case
i
study
i
due
i
to
i
its
i
unique
iconstitutional
i
system
i
enshrining
i
Islamic
i
law
i
alongside
i
Western
i
guarantees
i
of
i
gender
i
equality (
Reading, n.d). The
i
Muslim
i
family
i
law
i
provisions
i
that
i
were
i
enacted
i
under
i
the
i
British
i
administration
i
were
i
still iin
i
effect
i
after
i
the
i
country
i
got
i
independence
i
in
i
1947.
i
Family
i
law
i
in
i
Pakistan
i
did
i
not
i
change
i
at iall
i
between
i
1947
i
and
i
1954.
i
The
i
MFLO
i
was
i
adopted
i
in
i
1961,
i
to
i
the
i
vehement
i
disapproval
i
of ireligious
i
authorities.
i
The
i
repugnancy
i
clause
i
was
i
incorporated
i
first
i
into
i
the
i
1956
i
Constitution. iIn
i
later
*
Professor, School of Law, University of Karachi , Karachi, Sindh, Pakistan.
†
Advocate, Sindh High Court, Karachi, Sindh, Pakistan.
i
Constitutions
i
and
i
amendments,
i
the
i
repugnancy
i
provision
i
has
i
been
i
kept
i
and
i
made istronger.
The
i
article
i
in
i
hand
i
describes
i
the
i
critical
i
review
i
of
i
Muslim
i
Family
i
Laws
i
Ordinance
i
1961
i
with
ireference
i
to
i
Pakistan.
i
The
i
main
i
purpose
i
behind
i
this
i
critique
i
is
i
to
i
make
i
a
i
comparison
i
between iMuslim
i
Family
i
Laws
i
and iPakistani
i
Muslim
i
Family
i
Law
iOrdinance
i
1961
i
and
i
to
i
find
i
out
i
the isimilarities
i
and
i
the
i
contrasts
i
between
i
them.
i
Many
i
of
i
Muslim
i
scholars
i
are
i
of
i
the
i
view
i
that iPakistani
i
MFLO
i
(Muslim
i
Family
i
Laws
i
Ordinance)
i
is
i
not
i
in
i
accordance
i
with
i
the
i
Muslim
i
Laws.
Succession
In
i
the
i
event
i
of
i
death
i
of
i
any
i
son
i
or
i
daughter
i
of
i
the
i
propositus
i
before
i
the
i
opening
i
of
i
succession, ithe
i
children
i
of
i
such
i
son
i
or
i
daughter,
i
if
i
any,
i
living
i
at
i
the
i
time
i
the
i
succession
i
opens,
i
shall
i
per istripes,
i
receive
i
a
i
share
i
equivalent
i
to
i
the
i
share
i
which
i
such
i
son
i
or
i
daughter,
i
as
i
the
i
case
i
may
i
be, iwould
i
have
i
received
i
if
i
alive.
Muhammad Tahir and Muhammad Shahid
36
Global Legal Studies Review (GLSR)
Islamic Concept of Succession
Direct
i
succession
i
out
i
of
i
grandfather’s
i
heritage
i
is
i
provided
i
for
i
inheritance
i
to
i
an
i
orphan.
i
This iclause
i
is
i
repugnant
i
to
i
the
i
injunctions
i
of
i
the
i
Islam
i
as
i
direct
i
inheritance
i
is
i
not
i
provided.
i
Federal iShariat
i
court
i
asked
i
the
i
then
i
president
i
Rafiq
i
Tarar
i
to
i
amend
i
the
i
said
i
clause.
i
Prior
i
to
i
the
i
Muslim ifamily
i
law
i
ordinance
i
grand
i
children
i
had
i
no
i
shares
i
in
i
the
i
property
i
left
i
by
i
the
i
grandfather.
i
But inow
i
the
i
sec
i
4
i
of
i
the
i
ordinance
i
creating
i
an
i
entitlement
i
to
i
succession
i
in
i
favour
i
of
i
the
i
children
i
of ipredeceased
i
son
i
or
i
daughter.
Heirs
i
referred
i
to
i
as
i
primary
i
heirs
i
are
i
always
i
entitled
i
to
i
a
i
share
i
of
i
the
i
inheritance,
i
they
i
are
i
never
itotally
i
excluded.
i
These
i
primary
i
heirs
i
consist
i
of
i
the
i
spouse
i
relict,
i
both
i
parents,
i
the
i
son
i
and
i
the
idaughter.
i
All
i
remaining
i
heirs
i
can
i
be
i
totally
i
excluded
i
by
i
the
i
presence
i
of
i
other
i
heirs.
i
But
i
under
icertain
i
circumstances,
i
other
i
heirs
i
can
i
also
i
inherit
i
as
i
residuary,
i
namely
i
the
i
father,
i
paternal igrandfather,
i
daughter,
i
agnatic
i
granddaughter,
i
full
i
sister,
i
consanguine
i
sister
i
and
i
mother (Hussain, 2010).
i
Those
iwho
i
inherit
i
are
i
usually
i
confined
i
to
i
three
i
groups:
a.
Quota-heirs
i
(dhawu
i
al-farāʾḍ),
i
usually
i
include
i
daughters,
i
parents,
i
grandparents,
i
husband
iand
i
wife/
i
wives,
i
brothers
i
and
i
sisters,
i
and
i
others.
i
This
i
group
i
usually
i
takes
i
a
i
designated ishare
i
or
i
quota
i
of
i
the
i
estates.
b.
Members
i
of
i
the
i
ʿa aba
i
(residuaries),
i
usually
i
a
i
combination
i
of
i
male
i
(and
i
sometimes ifemale)
i
relatives
i
that
i
inherit
i
as
i
residuaries
i
after
i
the
i
shares
i
of
i
the
i
Quota-heirs
i
is idistributed (Schacht, 1991).
c.
In
i
case
i
a
i
person
i
leaves
i
no
i
direct
i
relatives
i
and
i
there
i
is
i
no
i
ʿu aba,
i
his
i
property
i
escheats
i
to ithe
i
state
i
treasury,
i
Baytul
i
Mal.
"And
i
for
i
his
i
parents
i
for
i
each
i
of
i
them
i
there
i
is
i
one-sixth
i
of
i
the
i
inheritance
i
if
i
he
i
has
i
a
i
child,
i
but
i
if
ihe
i
does
i
not
i
have
i
a
i
child
i
and
i
the
i
parents
i
are
i
the
i
heirs
i
then
i
for
i
the
i
mother
i
one-third"
i
(AnNisa:11).
The
i
Arabic
i
word
i
"walad"
i
has
i
been
i
variously
i
translated
i
as
i
child,
i
son,
i
children
i
and
i
offspring
i
by
itranslators.
i
However,
i
there
i
is
i
universal
i
agreement
i
amongst
i
the
i
Sunni
i
Muslim
i
jurists
i
that i"walad"
i
here
i
refers
i
to
i
any
i
child
i
or
i
agnatic
i
grandchild
i
(grandchild
i
through
i
son).
If
i
there
i
is
i
a
i
child
i
or
i
agnatic
i
grandchild
i
amongst
i
the
i
heirs
i
then
i
each
i
of
i
the
i
parents
i
inherits
i
onesixth.
i
In
i
the
i
absence
i
of
i
a
i
child
i
or
i
agnatic
i
grandchild
i
the
i
mother
i
inherits
i
one-third,
i
the
i
share
i
of ithe
i
father
i
is
i
not
i
mentioned
i
under
i
these
i
circumstances.
i
The
i
father
i
in
i
fact
i
inherits
i
as
i
a
i
residuary i(a
i
residuary
i
heir
i
gets
i
whatever
i
remains
i
of
i
the
i
inheritance
i
after
i
the
i
Quranic
i
sharers
i
have
i
been iallocated
i
their
i
shares,
i
residuary
i
heirs
i
are
i
generally
i
male
i
agnates)
i
under
i
these
i
circumstances.
To
i
these
i
two
i
Quranic
i
heirs,
i
the
i
mother
i
and
i
the
i
father,
i
the
i
maternal
i
grandmother
i
and
i
paternal
igrandfather
i
have
i
been
i
added
i
by
i
analogy.
i
The
i
maternal
i
grandmother
i
substitutes
i
the
i
mother
i
in ithe
i
latter's
i
absence (Butt, 2007).
Registration of Marriage
Every
i
marriage
i
solemnized
i
under
i
Muslim
i
Law
i
shall
i
be
i
registered.
i
For
i
the
i
purpose
i
of iregistration,
i
the
i
Union
i
Council
i
shall
i
grant
i
licenses
i
to
i
one
i
or
i
more
i
persons,
i
to
i
be
i
called
i
Nikah iRegistrars,
i
but
i
in
i
no
i
case
i
shall
i
more
i
than
i
on
i
Nikah
i
Registrar
i
be
i
licensed
i
for
i
any
i
one
i
Ward.
Islamic Law and Registration of Marriage
Under
i
classical
i
Islamic
i
law,
i
the
i
validity
i
of
i
a
i
marriage
i
contract
i
does
i
not
i
in
i
any
i
way
i
depend
i
on ithe
i
performance
i
of
i
any
i
recorded
i
ceremony
i
or
i
documentation:
i
mutual
i
consent,
i
capacity
i
to
i
enter
iinto
i
the
i
contract,
i
and
i
witnesses
i
on
i
the
i
occasion
i
being
i
the
i
only
i
requisites
i
necessary
i
to
i
make
i
the
icontract
i
valid
i
and
i
binding.
i
Clearly
i
when
i
dealing
i
with
i
marriages
i
celebrated
i
abroad,
i
and
i
in
i
the
iabsence
i
of
i
any
i
documentation,
i
proof
i
of
i
marriage
i
can
i
be
i
difficult,
i
particularly
i
when
i
seeking
i
to iprove
i
that
i
there
i
was
i
such
i
a
i
marriage.
i
It
i
has
i
been
i
argued
i
under
i
Islamic
i
law,
i
in
i
the
i
absence
i
of ianything
i
in
i
writing
i
to
i
prove
i
the
i
marriage,
i
or
i
a
i
Qazi's
i
evidence
i
of
i
the
i
marriage
i
being
i
celebrated ior
i
witnesses
i
who
i
can
i
give
i
relevant
i
evidence
i
of
i
the
i
marriage,
i
a
i
marriage
i
can
i
be
i
proven
i
by ipresumption.
i
For
i
instance,
i
where
i
the
i
parties
i
have
i
lived
i
together
i
for
i
a
i
long
i
time
i
as
i
husband
i
and iwife
i
or
i
where
i
either
i
party
i
has
i
acknowledged
i
the
i
marriage
i
and
i
that
i
is
i
not
i
disputed
i
by
i
the
i
other iparty,
i
a
i
valid
i
marriage
i
may
i
be
i
presumed
i
unless
i
there
i
is
i
a
i
legal
i
dispute
i
against
i
the
i
alliance.
However,
i
where
i
there
i
is
i
no
i
legal
i
presumption
i
of
i
the
i
existence
i
of
i
marriage,
i
if
i
it
i
were ichallenged,
i
it
i
would
i
have
i
to
i
be
i
proven
i
by
i
satisfactory
i
evidence
i
in
i
the
i
normal
i
way
i
and
i
any iwritten
i
documentation
i
in
i
these
i
circumstances
i
would
i
prove
i
invaluable.
i
In
i
Pakistan
i
the
i
Muslim iFamily
i
Law
i
Ordinance
i
1961,
i
Art
i
5(1)
i
states:
i
'every
i
marriage
i
solemnised
i
under
i
Muslim
i
law ishall
i
be
i
registered
i
in
i
accordance
i
with
i
the
i
provisions
i
of
i
this
i
Ordinance'.
i
In
i
India,
i
however,
i
no
ilaw
i
or
i
enactment
i
requires
i
compulsory
i
registration
i
of
i
a
i
Muslim
i
marriage
i
with
i
any
i
government iofficial.
i
Having
i
said
i
that,
i
in
i
the
i
states
i
of
i
Assam,
i
Bengal,
i
Bihar,
i
and
i
Orissa
i
local
i
enactments iprovide
i
facilities
Comparative analysis of Family Laws in Pakistan and Islamic Injuctions in this Regard
Vol. VIII, No. IV (Fall 2023)
37
i
for
i
'voluntary'
i
registration
i
of
i
Muslim
i
marriages,
i
one
i
must
i
remember
i
that, iwhen
i
all
i
else
i
fails,
i
the
i
Qazis
i
maintain
i
a
i
register
i
in
i
which
i
details
i
of
i
marriages
i
they
i
have iattended
i
are
i
recorded.
i
The
i
record
i
of
i
each
i
marriage
i
so
i
prepared
i
is
i
signed
i
by
i
the
i
parties
i
or
i
their iguardians
i
or
i
representatives,
i
the
i
witnesses,
i
and
i
the
i
Qazi
i
himself.
i
Copies
i
of
i
this
i
document
icommonly
i
called
i
'Nikahnama'
i
are
i
issued
i
by
i
the
i
Qazi
i
to
i
the
i
parties (Al_Kholy, n.d).
The
i
Muslim
i
Family
i
Laws
i
Ordinance
i
(MFLO)
i
1961
i
introduced
i
reforms
i
regarding
i
registration
i
of
imarriages,
i
and
i
in
i
default
i
of
i
such
i
registration,
i
penalties
i
of
i
fine
i
and
i
imprisonment
i
have
i
been
iprescribed.
i
Nevertheless,
i
Muslim
i
marriages
i
are
i
still
i
legal
i
and
i
valid
i
if
i
they
i
are
i
performed iaccording
i
to
i
the
i
requisites
i
of
i
Islam (Mutahhari, 1980).
Polygamy
Every
i
marriage
i
solemnized
i
under
i
Muslim
i
Law
i
shall
i
be
i
registered
i
and
i
husband
i
should
i
seek ipermission
i
from
i
the
i
wives
i
before
i
second
i
marriage.
i
On
i
receipt
i
of
i
the
i
application,
i
Chairman ishall
i
ask
i
the
i
applicant
i
and
i
his
i
existing
i
wife
i
or
i
wives
i
each
i
to
i
nominate
i
a
i
representative,
i
and
i
the iArbitration
i
Council
i
if
i
satisfied
i
that
i
the
i
proposed
i
marriage
i
is
i
necessary
i
and
i
just,
i
grant,
i
the ipermission
i
applied
i
for
i
marriage.
Islamic Concept of Polygamy
The
i
Muslim
i
scripture,
i
the
i
Quran,
i
is
i
the
i
only
i
known
i
world
i
scripture
i
to
i
explicitly
i
limit
i
polygamy iand
i
place
i
strict
i
restrictions
i
upon
i
its
i
practice: “marry
iwomen
i
of
i
your ichoice,
i
two
i
or ithree
i
or
i
four; ibut iif
i
you
i
fear
i
that
i
you
i
shall
i
not
i
be iable ito
i
deal
i
justly
i
with
i
them,
i
then
i
only
i
one.”
i
(Quran
i
4:3)
The
i
Quran
i
limited
i
the
i
maximum
i
number
i
of
i
wives
i
to
i
four.
i
In
i
the
i
early
i
days
i
of
i
Islam,
i
those
i
who
ihad
i
more
i
than
i
four
i
wives
i
at
i
the
i
time
i
of
i
embracing
i
Islam
i
were
i
required
i
to
i
divorce
i
the
i
extra iwives.
i
Islam
i
further
i
reformed
i
the
i
institution
i
of
i
polygamy
i
by
i
requiring
i
equal
i
treatment
i
to
i
all iwives.
i
The
i
Muslim
i
is
i
not
i
permitted
i
to
i
differentiate
i
between
i
his
i
wives
i
in
i
regards
i
to
i
sustenance iand
i
expenditures,
i
time,
i
and
i
other
i
obligations
i
of
i
husbands.
i
Islam
i
does
i
not
i
allow
i
a
i
man
i
to
i
marry ianother
i
woman
i
if
i
he
i
will
i
not
i
be
i
fair
i
in
i
his
i
treatment.
i
Prophet
i
Muhammad
i
forbade idiscrimination
i
between
i
the
i
wives
i
or
i
between
i
their
i
children.
i
Also,
i
marriage
i
and
i
polygamy
i
in iIslam
i
is
i
a
i
matter
i
of
i
mutual
i
consent.
i
No
i
one
i
can
i
force
i
a
i
woman
i
to
i
marry
i
a
i
married
i
man.
i
Islam isimply
i
permits
i
polygamy;
i
it
i
neither
i
forces
i
nor
i
requires
i
it.
i
Besides,
i
a
i
woman
i
may
i
stipulate
i
that iher
i
husband
i
must
i
not
i
marry
i
any
i
other
i
woman
i
as
i
a
i
second
i
wife
i
in
i
her
i
prenuptial
i
contract.
i
The ipoint
i
that
i
is
i
often
i
misunderstood
i
in
i
the
i
West
i
is
i
that
i
women
i
in
i
other
i
cultures
i
-
i
especially iAfrican
i
and
i
Islamic
i
-
i
do
i
not
i
necessarily
i
look
i
at
i
polygamy
i
as
i
a
i
sign
i
of
i
women’s
i
degradation. iConsequently,
i
to
i
equate
i
polygamy
i
with
i
degrading
i
women
i
is
i
an
i
ethnocentric
i
judgment
i
of
i
other isocieties.
Even
i
though
i
we
i
see
i
the
i
clear
i
permissibility
i
of
i
polygamy
i
in
i
Islam,
i
its
i
actual
i
practice
i
is
i
quite
i
rare iin
i
many
i
Muslim
i
societies.
i
Some
i
researchers
i
estimate
i
no
i
more
i
than
i
2%
i
of
i
the
i
married
i
males ipractice
i
polygamy (Chaudhry, n.d).
i
Most
i
Muslim
i
men
i
feel
i
they
i
cannot
i
afford
i
the
i
expense
i
of
i
maintaining
i
more
ithan
i
one
i
family.
i
Even
i
those
i
who
i
are
i
financially
i
capable
i
of
i
looking
i
after
i
additional
i
families
i
are ioften
i
reluctant
i
due
i
to
i
the
i
psychological
i
burdens
i
of
i
handling
i
more
i
than
i
one
i
wife.
i
One
i
can
i
safely isay
i
that
i
the
i
number
i
of
i
polygamous
i
marriages
i
in
i
the
i
Muslim
i
world
i
is
i
much
i
less
i
than
i
the
i
number iof
i
extramarital
i
affairs
i
in
i
the
i
West.
i
In
i
other
i
words,
i
contrary
i
to
i
prevalent
i
notion,
i
men
i
in
i
the iMuslim
i
world
i
today
i
are
i
more
i
strictly
i
monogamous
i
than
i
men
i
in
i
the
i
Western
i
world.
Seeking Permission from the First Wife in
Islam
Polygamy
i
is
i
within
i
the
i
injunctions
i
of
i
Islam.
i
Seeking
i
of
i
permission
i
by
i
the
i
husband
i
from
i
the iarbitration
i
council
i
before
i
marrying
i
another
i
woman
i
is
i
criticized. Allah
i
says: “then
i
marry
i
(other)
i
women
i
of
i
your
i
choice,
i
two
i
or
i
three,
i
or
i
four.”
i
(Quran
i
4:3)
i
It
i
is
i
well
i
known
i
that
i
women
i
are
i
by
i
nature
i
jealous
i
and
i
reluctant
i
to
i
share
i
their
i
husband
i
with
iother
i
women.
i
Women
i
are
i
not
i
to
i
be
i
condemned
i
for
i
this
i
jealousy,
i
for
i
it
i
existed
i
in
i
the
i
best
i
of irighteous
i
women,
i
the
i
wives
i
of
i
the
i
Companions,
i
and
i
even
i
in
i
the
i
Mothers
i
of
i
the
i
Believers.
i
But iwomen
i
should
i
not
i
let
i
jealousy
i
make
i
them
i
object
i
to
i
that
i
which
i
Allah
i
has
i
permitted,
i
and
i
they ishould
i
not
i
try
i
to
i
prevent
i
it;
i
a
i
wife
i
should
i
allow
i
her
i
husband
i
to
i
marry
i
another
i
woman
i
for
i
this
i
is ia
i
kind
i
of
i
cooperating
i
in
i
righteousness
i
and
i
piety.
The
i
first
i
wife’s
i
consent
i
is
i
not
i
a
i
prerequisite
i
for
i
a
i
man
i
to
i
take
i
another
i
wife.
i
The
i
Standing
iCommittee
i
for
i
Issuing
i
Fatwas
i
was
i
asked
i
about
i
this
i
and
i
replied
i
as
i
follows:
“It
i
is
i
not
i
obligatory
i
for
i
the
i
husband,
i
if
i
he
i
wants
i
to
i
take
i
a
i
second
i
wife,
i
to
i
have
i
the
i
consent
i
of
i
his ifirst
i
wife,
i
but
i
it
i
is
i
good
i
manners
i
and
i
kindness
i
to
i
deal
i
with
i
her
i
in
i
such
i
a
i
manner
i
that
i
will iminimize
i
the
i
hurt
i
feelings
i
such
i
thing
i
might
i
produce.
i
So
i
it’s
i
incumbent
i
on
i
the
i
husband
i
to
i
be ikind
i
to
i
his
i
wife,
i
discuss
i
the
i
matter
i
with
i
her
i
in
i
a
i
gentle
i
and
i
pleasant
i
manner,
i
and
i
this
i
should
i
be icoupled
i
with
i
spending
Muhammad Tahir and Muhammad Shahid
38
Global Legal Studies Review (GLSR)
i
whatever
i
money
i
may
i
be
i
necessary
i
in
i
order
i
to
i
gain
i
her
i
acceptance
i
of
i
the isituation.”
MFLO
i
has ialso iintroduced isome
i
reforms iin
i
the
i
law
i
relating
i
to
i
polygamy.
i
Now, ia
i
husband imust
isubmit
i
an
i
application
i
and
i
pay
i
a
i
prescribed
i
fee
i
to
i
the
i
local
i
union
i
council
i
in
i
order
i
to
i
obtain ipermission
i
for
i
contracting
i
a
i
polygamous
i
marriage.
i
Thereafter,
i
the
i
chairman
i
of
i
the
i
union icouncil
i
forms
i
an
i
arbitration
i
council
i
with
i
representatives
i
of
i
both
i
husband
i
and
i
wife/wives
i
in iorder
i
to
i
determine
i
the
i
necessity
i
of
i
the
i
proposed
i
marriage.
i
The
i
application
i
must
i
state
i
whether ithe
i
husband
i
has
i
obtained
i
consent
i
of
i
the
i
existing
i
wife
i
or
i
wives.
i
Contracting
i
a
i
polygamous imarriage
i
without
i
prior
i
consent
i
is
i
subject
i
to
i
penalties
i
of
i
fine
i
and
i
or
i
imprisonment
i
and
i
the ihusband
i
becomes
i
bound
i
to
i
make
i
immediate
i
payment
i
of
i
dowry
i
to
i
the
i
existing
i
wife
i
or
i
wives.
iNonetheless,
i
if
i
the
i
husband
i
has
i
not
i
obtained
i
consent
i
of
i
the
i
existing
i
wife
i
or
i
wives
i
the isubsequent
i
marriage
i
remains
i
valid.
Talaq
Any
i
man
i
who
i
wishes
i
to
i
divorce
i
his
i
wife
i
shall,
i
as
i
soon
i
as
i
may
i
be
i
after
i
the
i
pronouncement
i
of iTalaq
i
in
i
any
i
form
i
whatsoever,
i
give
i
the
i
chairman
i
a
i
notice
i
in
i
writing
i
of
i
his
i
having
i
done
i
so,
i
and ishall
i
supply
i
a
i
copy
i
thereof
i
to
i
the
i
wife.
i
A
i
person
i
fail
i
to
i
do
i
so
i
shall
i
be
i
punishable
i
with
i
simple iimprisonment
i
for
i
a
i
term
i
which
i
may
i
extend
i
to
i
one
i
year,
i
or
i
with
i
fine
i
which
i
may
i
extend
i
to
i
five ithousand
i
rupees,
i
or
i
with
i
both.
i
If
i
the
i
Talaq,
i
is
i
not
i
revoked
i
expressly
i
or
i
otherwise,
i
it
i
shall
i
not
i
be ieffective
i
until
i
the
i
expiration
i
of
i
ninety
i
days
i
from
i
day
i
on
i
which
i
notice
i
is
i
delivered
i
to
i
the
iChairman.
i
If
i
the
i
wife
i
be
i
pregnant
i
at
i
the
i
time
i
Talaq
i
is
i
pronounced,
i
Talaq
i
shall
i
not
i
be
i
effective iuntil
i
the
i
period
i
of
i
90
i
days
i
or
i
the
i
pregnancy,
i
whichever
i
later,
i
ends.
Islamic Law of Talaq and its Effectiveness
Divorce
i
is
i
operative
i
from
i
the
i
announcement.
i
Hence
i
pending
i
it
i
for
i
90
i
days
i
is
i
repugnant
i
to iIslamic
i
teachings.
i
Under
i
MFLO
i
limited
i
reforms
i
have
i
also
i
been
i
introduced
i
in
i
relation
i
to
i
Talaq. iUnder
i
MFLO
i
a
i
divorcing
i
husband
i
shall,
i
as
i
soon
i
as
i
possible
i
after
i
Talaq
i
has
i
been
i
pronounced, iin
i
whatever
i
form,
i
give
i
a
i
notice
i
in
i
writing
i
to
i
the
i
chairman
i
of
i
the
i
Union
i
Council.
i
The
i
chairman imust
i
then
i
supply
i
a
i
copy
i
of
i
the
i
notice
i
of
i
Talaq
i
to
i
the
i
wife.
i
Non-compliance
i
is
i
punishable
i
by iimprisonment
i
and/or
i
a
i
fine.
i
Within
i
thirty
i
days
i
of
i
receipt
i
of
i
the
i
notice
i
of
i
Talaq,
i
the
i
chairman imust
i
constitute
i
an
i
Arbitration
i
Council
i
in
i
order
i
to
i
take
i
steps
i
to
i
bring
i
about
i
reconciliation
ibetween
i
the
i
husband
i
and
i
the
i
wife.
i
If
i
and
i
when
i
such
i
attempts
i
to
i
negotiate
i
reconciliation
i
fail,
i
a iTalaq
i
that
i
is
i
not
i
revoked
i
in
i
the
i
meantime,
i
either
i
expressly
i
or
i
implicitly
i
takes
i
effect
i
after
i
the iexpiry
i
of
i
ninety
i
days
i
from
i
the
i
day
i
on
i
which
i
the
i
notice
i
of
i
repudiation
i
was
i
first
i
delivered
i
to
i
the ichairman (Glenn, 2007).
i
If,
i
however,
i
the
i
wife
i
is
i
pregnant
i
at
i
the
i
time
i
of
i
the
i
pronouncement
i
of
i
Talaq,
i
the
i
Talaq idoes
i
not
i
take
i
effect
i
until
i
ninety
i
days
i
have
i
elapsed
i
or
i
the
i
end
i
of
i
the
i
pregnancy,
i
whichever
i
is ilater.
i
Failure
i
to
i
notify,
i
in
i
the
i
above
i
stated
i
manner,
i
invalidated
i
Talaq
i
until
i
the
i
late
i
1970s
i
and iearly
i
1980s,
i
but
i
introduction
i
of
i
the
i
Zina
i
Ordinance
i
allowed
i
scope
i
for
i
abuse
i
as
i
repudiated
i
wives iwere
i
left
i
open
i
to
i
charges
i
of
i
Zina
i
if
i
their
i
husbands
i
had
i
not
i
followed
i
the
i
MFLO's
i
notification iprocedure.
i
Since
i
early
i
1980s,
i
the
i
practice
i
of
i
the
i
Courts
i
in
i
Pakistan
i
is
i
that
i
they
i
validate
i
a
i
Talaq idespite
i
a
i
failure
i
to
i
notify
i
as
i
provided
i
under
i
the
i
MFLO.
As
i
far
i
as
i
the
i
Islamic
i
concept
i
of
i
effectiveness
i
of
i
the
i
Talaq
i
is
i
concerned,
i
Talaq
i
is
i
effective
i
from ithe
i
time
i
of
i
utterance
i
of
i
the
i
word
i
Talaq
i
by
i
the
i
husband.
i
Registration
i
is
i
only
i
subjected
i
to
i
the icountry
i
law
i
and
i
it
i
has
i
nothing
i
to
i
do
i
with
i
Islamic
i
law
i
of
i
Talaq.
Dissolution of Marriage otherwise than by
Talaq
Where
i
the iright ito
i
divorce ihas ibeen
i
duly idelegated
ito ithe iwife
i
and
i
she
i
wishes ito
i
exercise ithat iright,
i
or
i
where
i
any
i
of
i
the
i
parties
i
to
i
a
i
marriage
i
wishes
i
to
i
dissolves
i
the
i
marriage
i
otherwise
i
than iby
i
Talaq
i
the
i
provisions
i
of
i
section
i
7
i
shall,
i
mutatis
i
mutandis
i
and
i
so
i
far
i
as
i
applicable,
i
apply.
Islamic Concept of Dissolution of Marriage
otherwise than by Talaq
We
i
have
i
so
i
far
i
dealt
i
with
i
the
i
natural
i
right
i
of
i
divorce
i
which
i
belongs
i
exclusively
i
to
i
the
i
husband.
iBut
i
he
i
can
i
confer
i
the
i
power
i
of
i
divorce
i
on
i
the
i
wife.
i
This
i
delegation
i
of
i
power
i
can
i
either
i
be igeneral
i
or
i
limited
i
to
i
certain
i
specified
i
circumstances.
i
To
i
make
i
it
i
irrevocable
i
it
i
is
i
included
i
in
i
the imarriage
i
contract
i
as
i
a
i
binding
i
clause,
i
according
i
to
i
which
i
the
i
wife
i
is
i
empowered
i
to
i
dissolve
i
the imarriage
i
in
i
the
i
specified
i
circumstances
i
already
i
agreed
i
upon.
It
i
has
i
been
i
customary
i
since
i
the
i
olden
i
days
i
that
i
the
i
women,
i
who
i
feel,
i
in
i
any
i
way,
i
apprehensive iof
i
the
i
conduct
i
of
i
their
i
husbands,
i
insist
i
on
i
the
i
inclusion
i
of
i
such
i
a
i
clause
i
in
i
the
i
marriage
i
contract iand
i
exercise
i
the
i
power
i
delegated
i
to
i
them,
i
if
i
necessary.
i
Thus,
i
according
i
to
i
the
i
Islamic
i
law, ithough
i
woman
i
does
i
not
i
have
i
the
i
natural
i
right
i
of
i
divorce,
i
she
i
can
i
have
i
the
i
contractual
i
right
i
of ithe
i
dissolution
i
of
i
marriage.
i
Hence,
i
it
i
is
i
not
i
correct
i
to
i
say
i
that
i
the
Comparative analysis of Family Laws in Pakistan and Islamic Injuctions in this Regard
Vol. VIII, No. IV (Fall 2023)
39
i
right
i
of
i
divorce
i
is
i
unilateral iand
i
Islam
i
has
i
given
i
it
i
only
i
to
i
man (Marriage Commission Report, 1959).
Maintenance
a.
If
i
any
i
husband
i
fails
i
to
i
maintain
i
his
i
wife
i
adequately,
i
or
i
where
i
there
i
are
i
more
i
wives
i
than ione,
i
fails
i
to
i
maintain
i
them
i
equitably,
i
the
i
wife,
i
or
i
all
i
or
i
any
i
of
i
the
i
wives,
i
may
i
in
iaddition
i
to
i
seeking
i
any
i
other
i
legal
i
remedy
i
available
i
apply
i
to
i
the
i
Chairman
i
who
i
shall
iconstitute
i
an
i
Arbitration
i
Council
i
to
i
determine
i
the
i
matter,
i
and
i
the
i
Arbitration
i
Council imay
i
issue
i
a
i
certificate
i
specifying
i
the
i
amount
i
which
i
shall
i
be
i
paid
i
as
i
maintenance
i
by
i
the ihusband.
b.
A
i
husband
i
or
i
wife
i
may,
i
in
i
the
i
prescribed
i
manner,
i
within
i
the
i
prescribed
i
period,
i
and
i
on
ipayment
i
of
i
the
i
prescribed
i
fee,
i
prefer
i
an
i
application
i
for
i
revision
i
of
i
the
i
certificate,
i
to
i
the iCollector
i
concerned
i
and
i
his
i
decision
i
shall
i
be
i
final
i
and
i
shall
i
not
i
be
i
called
i
in
i
question
i
in iany
i
Court (Butt, 2007).
c.
Any
i
amount
i
payable
i
under
i
Sub-section
i
(1)
i
or,
i
(2)
i
if,
i
not
i
paid
i
in
i
the
i
due
i
time,
i
shall
i
be
irecoverable
i
as
i
arrears
i
of
i
land
i
revenue.
i
PUNJAB
i
AMENDMENT
i
In
i
sub-section
i
(2),
i
the ifull-stop
i
occurring
i
at
i
the
i
end
i
shall
i
be
i
replaced
i
by
i
a
i
colon
i
and
i
thereafter
i
the
i
following iproviso
i
shall
i
be
i
added,
i
namely:
i
Provided
i
that
i
the
i
Commissioner
i
of
i
a
i
Division
i
may,
i
on ian
i
application
i
made
i
in
i
this
i
behalf
i
and
i
for
i
reasons
i
to
i
be
i
recorded,
i
transfer
i
an
i
application ifor
i
revision
i
of
i
the
i
certificate
i
from
i
a
i
Collector
i
to
i
any
i
other
i
Collector,
i
or
i
to
i
a
i
Director, iLocal
i
Government,
i
or
i
to
i
an
i
Additional
i
Commissioner
i
in
i
his
i
Division.
Islamic Concept of Maintenance
Islamic
i
concept
i
of
i
maintenance
i
is
i
given
i
below:
Injunctions of the Qur'an
Injunctions
i
of
i
the
i
Holy
i
Qur'an
i
regarding
i
the
i
rights
i
of
i
woman
i
in
i
respect
i
of
i
maintenance iare
i
contained
i
in
i
the
i
following
i
verses:
i
-
a.
The
i
mothers
i
shall
i
give
i
suck
i
to
i
their
i
offspring
i
for
i
two
i
whole
i
years,
i
if
i
the
i
father
i
desires, ito
i
complete
i
the
i
term.
i
But
i
he
i
shall
i
bear
i
the
i
cost
i
of
i
their
i
food
i
and
i
clothing
i
on
i
equitable iterms
i
(Quran
i
2:233).
b.
There
i
is
i
no
i
blame
i
on
i
you
i
if
i
ye
i
divorce
i
women
i
before
i
consummation
i
or
i
the
i
fixation
i
of itheir
i
dower;
i
but
i
bestow
i
on
i
them
i
(a
i
suitable
i
gift)
i
the
i
wealthy
i
according
i
to
i
his
i
means,
i
and ithe ipoor iaccording ito
i
his
i
means,- ia
i
gift
i
of
i
a
i
reasonable
i
amount
i
is
i
due
ifrom
i
those iwho iwish
i
to
i
do
i
the
i
right
i
things
i
(Quran
i
2:236).
c.
For
i
divorced
i
women
i
maintenance
i
(should
i
be
i
provided)
i
on
i
a
i
reasonable
i
(scale).
i
This
i
is
i
a
iduty
i
on
i
the
i
righteous
i
(Quran
i
2:241).
d.
Men
i
are
i
the
i
protectors
i
and
i
maintainers
i
of
i
women,
i
because
i
Allah
i
has
i
given
i
the
i
one
i
more i(strength)
i
than
i
the
i
other,
i
and
i
because
i
they
i
support
i
them
i
from
i
their
i
means
i
(Quran
i
4:34).
e.
O
i
Prophet!
i
When
i
ire
i
do
i
divorce
i
women,
i
divorce
i
them
i
at
i
their
i
prescribed
i
periods,
i
and
icount
i
(accurately)
i
their
i
prescribed
i
periods:
i
And
i
fear
i
Allah
i
your
i
Lord:
i
and
i
turn
i
them
i
not
iout
i
of
i
their
i
houses,
i
nor
i
shall
i
they
i
(themselves)
i
leave,
i
except
i
in
i
case
i
they
i
are
i
guilty
i
of isome
i
open
i
lewdness.
i
Those
i
are
i
limits
i
set
i
by
i
Allah:
i
and
i
any
i
who
i
transgresses
i
the
i
limits iof
i
Allah,
i
does
i
verily
i
wrong
i
his
i
(own)
i
soul:
i
Thou
i
knowest
i
not
i
if
i
perchance
i
Allah
i
will ibring
i
about
i
thereafter
i
some
i
new
i
situation
i
(Quran
i
65:1).
f.
Let
i
the
i
women
i
live
i
(In
i
`Iddat,)
i
in
i
the
i
same
i
style
i
as
i
ye
i
live,
i
according
i
to
i
your
i
means;
iannoy
i
them
i
not,
i
so
i
as
i
to
i
restrict
i
them.
i
And
i
if
i
they
i
carry
i
(life
i
in
i
their
i
wombs),
i
then ispend
i
(your.
i
substance)
i
on
i
them
i
until
i
they
i
deliver
i
their
i
burden:
i
and
i
if
i
they.
i
Suckle
i
your
i(offspring),
i
give
i
them
i
their
i
recompense;
i
and
i
take
i
mutual
i
counsel
i
together,
i
according
i
to
iwhat
i
is
i
just
i
and
i
reasonable.
i
And
i
if
i
ye
i
find
i
yourselves
i
in
i
difficulties,
i
let
i
another
i
woman
isuckle
i
(the
i
child)
i
on
i
the
i
(father's)
i
behalf
i
(Quran
i
65:6).
g.
Let
i
the
i
man
i
of
i
means
i
spend
i
according
i
to
i
his
i
means:
i
and
i
the
i
man
i
whose
i
resources
i
are
irestricted,
i
let
i
him
i
spend
i
according
i
to
i
what
i
Allah
i
has
i
given
i
him.
i
Allah
i
puts
i
no
i
burden
i
on
iany
i
person
i
beyond
i
what
i
he
i
has
i
given
i
him.
i
After
i
a
i
difficulty,
i
Allah
i
will
i
soon
i
grant
i
relief
i(Quran
i
65:7).
Ahadith of the Prophet (PBUH)
The
i
Traditions
i
of
i
the
i
Holy
i
Prophet
i
about
i
the
i
rights
i
of
i
woman
i
for
i
maintenance
i
are:
a.
Jaber-b-Abdullah
i
reported
i
that
i
the
i
Messenger
i
of
i
Allah
i
said:
i
Fear
i
Allah
i
regarding iwomen.
i
Verily
i
you
i
have
i
married
i
them
i
with
i
trust
i
of
i
Allah
i
and
i
made
i
their
i
private
i
parts ilawful
i
with
i
the
i
word
i
of
i
Allah....
i
They
i
have
i
got
i
rights
i
over
i
you
i
in
i
respect
i
of
Muhammad Tahir and Muhammad Shahid
40
Global Legal Studies Review (GLSR)
i
their
i
food iand
i
clothing
i
according
i
to
i
means
i
(Bukhari
i
and
i
Muslim).
i
b.
Jaber-b-Abdullah
i
reported:
i
The
i
Apostle
i
of
i
Allah
i
addressed
i
the
i
people
i
at
i
Arafat
i
during
ihis
i
farewell
i
pilgrimage....
i
Fear
i
Allah
i
about
i
women,
i
because
i
you
i
have
i
taken
i
them
i
with
ithe
i
trust
i
of
i
Allah
i
and
i
made
i
their
i
private
i
parts
i
lawful
i
with
i
the
i
word
i
of
i
Allah.
i
You
i
have
igot
i
rights
i
over
i
them
i
that
i
they
i
shall
i
not
i
entertain
i
anybody
i
on
i
your
i
bed
i
which
i
you
i
dislike. iIf
i
they
i
do
i
that,
i
scourge
i
them
i
without
i
being
i
oppressive.
i
And
i
they
i
have
i
got
i
rights
i
over iyou
i
that
i
you
i
shall
i
clothe
i
them
i
and
i
feed
i
them
i
in
i
a
i
just
i
manner
i
(Muslim).
c.
Hakim-
i
b-Muawiyah
i
from
i
his
i
father
i
reported:
i
I
i
asked:
i
O
i
Messenger
i
of
i
Allah!
i
What iright
i
has
i
the
i
wife
i
of
i
one
i
among
i
us
i
got
i
over
i
him?
i
He
i
said:
i
It
i
is
i
that
i
you
i
shall
i
give
i
her ifood
i
when
i
you
i
have
i
taken
i
your
i
food,
i
that
i
you
i
shall
i
clothe
i
her
i
when
i
you
i
have
i
clothed iyourself
i
...
i
(Ahmad,
i
ibn
i
e
i
Maja).
d.
Abu
i
Hurairah
i
reported
i
that
i
the
i
Messenger
i
of
i
Allah
i
said:(As
i
for)
i
a
i
dinar
i
you
i
have
i
spent
iin
i
the
i
way
i
of
i
Allah,
i
and
i
a
i
dinar
i
you
i
have
i
spent
i
in
i
emancipating
i
a
i
slave
i
and
i
a
i
dinar
i
you ihave
i
given
i
to
i
a
i
poor
i
man
i
in
i
charity,
i
and
i
a
i
dinar
i
you
i
have
i
spent
i
for
i
your
i
family,
i
the
igreatest
i
of
i
them
i
in
i
reward
i
is
i
that
i
which
i
you
i
have
i
spent
i
for
i
your
i
family
i
(Muslim).
e.
Ayesha
i
reported
i
that
i
Hind,
i
daughter
i
of
i
Utbah,
i
asked:
i
O
i
Messenger
i
of
i
Allah!
i
Abu
iSufiyan
i
is
i
a
i
miserly
i
fellow.
i
He
i
does
i
not
i
give
i
what
i
may
i
be
i
sufficient
i
for
i
me
i
and
i
my
ichildren,
i
unless
i
I
i
take iit
i
from
i
him
i
without
ihis iknowledge.
i
He
i
said:
i
Take
i
what
i
suffice
iyou
i
and
i
your
i
children
i
according
i
to
i
means
i
(Bukhari
i
and
i
Muslim).
Rights In The Light of Qur'an and Hadith
Principles
i
regarding
i
woman's
i
right
i
of
i
maintenance
i
as
i
enunciated
i
by
i
the
i
Qur'an
i
and
i
Sunnah
i
are:
i.
According
i
to
i
some
i
well-known
i
Traditions
i
reported
i
in
i
authentic
i
books
i
of
i
Hadith,
i
the
iProphet
i
(may
i
Allah's
i
peace
i
be
i
upon
i
him)
i
required
i
his
i
followers
i
to
i
accord
i
their
i
wives
ithe
i
best
i
possible
i
treatment.
i
He
i
impressed
i
upon
i
the
i
men
i
the
i
rights
i
of
i
women
i
regarding ithe
i
food,
i
clothing
i
and
i
lodging.
i
Even
i
in
i
his
i
famous
i
Farewell
i
Address
i
at
i
Arafat,
i
the iApostle
i
of
i
Allah
i
did
i
not
i
forget
i
to
i
exhort
i
the
i
believers
i
to
i
fulfil
i
their
i
obligations
i
regarding ithe
i
proper
i
maintenance
i
of
i
their
i
women.
i
The
i
Qur'an
i
says:
"Lodge
i
them
i
where
i
ye
i
dwell,
i
according
i
to
i
your
i
wealth,
i
and
i
harass'
i
them
i
not
i
so ias
i
to
i
straighten
i
life
i
for
i
them"
i
(Quran
i
65:6).
i
The
i
Qur'an
i
makes
i
the
i
men
i
Qawwam
i
(caretaker)
i
of
i
women
i
and
i
places
i
the
i
responsibility
i
of
iearning
i
livelihood
i
of
i
the
i
family
i
primarily
i
on
i
the
i
shoulders
i
of
i
men
i
when
i
it
i
says: "...
i
and
i
because
i
they
i
support
i
them
i
from
i
their
i
means"
i
(Quran
i
4:34).
ii.
Duty
i
of
i
providing
i
maintenance
i
to
i
the
i
women
i
is
i
so
i
important
i
that
i
the
i
Qur'an
i
makes
i
even
ithe
i
divorced
i
women
i
entitled
i
to
i
it
i
during
i
the
i
period
i
of
i
Iddah
i
when
i
the
i
husband
i
would
iprovide
i
her
i
food,
i
clothing
i
and
i
lodging
i
and
i
cannot
i
expel
i
her
i
from
i
his
i
house
i
(Quran
i
65:16).
i
If
i
she
i
is
i
expecting,
i
the
i
husband
i
is
i
bound
i
to
i
maintain
i
her
i
till
i
delivery
i
and
i
in
i
case
i
she isuckles
i
the
i
child
i
she
i
would
i
be
i
entitled
i
to
i
receive
i
the
i
due
i
payment
i
for
i
this
i
service i(Quran
i
65:6).
i
Again
i
the
i
Qur'an
i
says:
"The
i
duty
i
of
i
feeding
i
and
i
clothing
i
nursing
i
mothers
i
in
i
seemly
i
manner
i
is
i
upon
i
the
ifather
i
of
i
the
i
child"
i
(Quran
i
2:233).
i
In
i
case
i
the
i
father
i
of
i
the
i
child
i
is
i
dead,
i
the
i
obligation
i
of
i
providing
i
maintenance
i
to
i
the
i
nursing imother
i
would
i
be
i
on
i
the
i
heir
i
of
i
the
i
deceased,
i
as
i
the
i
Qur'an
i
says:
"And
i
on
i
the
i
(father's)
i
heir
i
is
i
incumbent
i
the
i
like
i
of
i
that
i
(which
i
was
i
incumbent
i
on ithe
i
father)"
i
(Quran
i
2:233).
iii.
The
i
Qur'an
i
makes
i
it
i
a
i
duty
i
for
i
the
i
pious
i
and
i
God-fearing
i
persons
i
to
i
make
i
some
iprovision
i
even
i
for
i
those
i
women
i
who
i
have
i
been
i
divorced
i
by
i
them
i
(Quran
i
2:241)
iMuhammad
i
Asad
i
explains
i
this
i
verse
i
(Quran
i
2:233)
i
of
i
the
i
Holy
i
Qur'an
i
in
i
these
i
words:
i
"This
i
obviously
i
relates
i
to
i
women
i
who
i
are
i
divorced
i
without
i
any
i
legal
i
fault
i
on itheir
i
part.
i
The
i
amount
i
of
i
alimony
i
-payable
i
unless
i
and
i
until
i
they
i
remarry
i
-
i
has ibeen
i
left
i
unspecified
i
since
i
it
i
must
i
depend
i
on
i
the
i
husband's
i
financial icircumstances
i
and
i
on
i
special
i
conditions
i
of
i
the
i
time."
iv.
No
i
scale
i
or
i
standard
i
has
i
been
i
fixed
i
for
i
maintenance
i
by
i
the
i
Qur'an
i
or
i
by
i
the
i
Sunnah.
iHowever
i
a
i
lot
i
of
i
guidance
i
has
i
been
i
provided
i
to
i
determine
i
it
i
in
i
the
i
given
i
circumstances. iThe
i
Qur'an
i
says:
i
"No
i
one
i
should
i
be
i
charged
i
beyond
i
one's
i
capacity"
i
(Quran
i
2:233).
i
At ianother
i
place,
i
the
i
Qur'an
i
directs:
i
"Provide
i
for
i
them;
i
the
i
rich
i
according
i
to
i
his
i
means
i
and ithe
i
straitened
i
according
i
to
i
his
i
means,
i
a
i
fair
i
provision"
i
(Quran
i
2:236).
Comparative analysis of Family Laws in Pakistan and Islamic Injuctions in this Regard
Vol. VIII, No. IV (Fall 2023)
41
The
i
same
i
principle
i
has
i
been
i
further
i
elaborated
i
when
i
the
i
Qur'an
i
says:
"
i
Let
i
the
i
man
i
of
i
means
i
spend
i
according
i
to
i
his
i
means;
i
and
i
the
i
man
i
whose iresources
i
are
i
restricted,
i
let
i
him
i
spend
i
according
i
to
i
what
i
Allah
i
has
i
given
i
him" i(Quran
i
65:7).
These
i
are
i
some
i
of
i
the
i
verses
i
which
i
highlight
i
the
i
guiding
i
principles
i
regarding
i
the
i
determination
iof
i
the
i
quantum
i
of
i
maintenance.
i
The
i
rich
i
according
i
to
i
his
i
means
i
and
i
the
i
poor
i
according
i
to
i
his imeans
i
and
i
nobody
i
to
i
be
i
charged
i
beyond
i
his
i
capacity
i
-
i
this
i
is
i
the
i
golden
i
rule.
Islamic Law and Fiqh
Islamic
i
law
i
and
i
Fiqh
i
regarding
i
maintenance
i
of
i
the
i
women
i
lay
i
down
i
the
i
following
i
principles:
i
-
a.
The
i
meaning
i
of
i
"
Nafqah
",
i
which
i
is
i
the
i
Arabic
i
equivalent
i
of
i
"maintenance",
i
is
i
what
i
a iperson
i
spends
i
on
i
his
i
family.
i
Maintenance
i
includes
i
food,
i
clothing
i
and
i
lodging.
b.
The
i
husband
i
is
i
bound
i
to
i
maintain
i
his
i
wife.
i
Her
i
right
i
to
i
receive
i
maintenance
i
is
i
absolute
ieven
i
if
i
she
i
is
i
very
i
rich
i
and
i
owns
i
a
i
lot
i
of
i
property.
c.
If
i
the
i
husband
i
neglects
i
or
i
refuses
i
to
i
maintain
i
his
i
wife
i
without
i
any
i
lawful
i
cause,
i
the
i
wife
imay
i
sue
i
him
i
for
i
maintenance.
i
The
i
Muslim
i
Family
i
Laws
i
Ordinance,
i
1961
i
permits
i
the
iwife
i
to
i
apply
i
to
i
the
i
chairman
i
who
i
will
i
constitute
i
an
i
Arbitration
i
Council
i
to
i
determine ithe
i
matter.
i
She
i
can
i
also
i
apply
i
for
i
an
i
order
i
of
i
maintenance
i
under
i
section
i
488
i
of
i
Code
i
of iCriminal
i
Procedure,
i
1908.
d.
After
i
divorce,
i
the
i
woman
i
is
i
entitled
i
to
i
maintenance
i
from
i
her
i
husband
i
during
i
the
i
period iof
i
Iddah
.
i
However,
i
a
i
widow
i
is
i
not
i
entitled
i
to
i
maintenance
i
during
i
the
i
period
i
of
i
Iddah
.
i
If ithe
i
divorcee
i
is
i
pregnant
i
she
i
is
i
entitled
i
to
i
maintenance
i
till
i
delivery
i
and
i
if
i
she
i
suckles
i
the ichild,
i
her
i
entitlement
i
would
i
be
i
up
i
to
i
the
i
expiry
i
of
i
suckling
i
period.
i
In
i
case
i
the
i
custody iof
i
the
i
children
i
is
i
with
i
her,
i
the
i
husband
i
would
i
be
i
bound
i
to
i
provide
i
maintenance
i
for
i
the ichildren (Chaudhry, n.d).
e.
About
i
the
i
scale
i
of
i
maintenance,
i
there
i
has
i
always
i
been
i
difference
i
of
i
opinion
i
among
i
the
ijurists.
i
Hanafi
i
Law
i
prescribes
i
that
i
the
i
maintenance
i
should
i
be
i
determined
i
with
i
reference ito
i
the
i
social
i
position
i
of
i
both
i
the
i
spouses,
i
husband
i
and
i
wife.
i
But
i
the
i
Shafis
i
say
i
that
i
the iposition
i
of
i
the
i
husband
i
alone
i
should
i
be
i
considered.
i
According
i
to
i
Hedaya
,
i
when
i
one
i
of ithem
i
-
i
the
i
husband
i
and
i
the
i
wife
i
-
i
is
i
rich
i
and
i
other
i
poor,
i
a
i
proper
i
mean
i
should
i
be iadopted
i
between
i
the
i
two.
i
If
i
both
i
the
i
parties
i
are
i
rich,
i
maintenance
i
should
i
be
i
provided
i
at ithe
i
high
i
scale,
i
but
i
if
i
both
i
are
i
poor,
i
husband
i
may
i
provide
i
accordingly.
i
Scale
i
of imaintenance,
i
according
i
to
i
the
i
Shia
i
Law,
i
should
i
be
i
determined
i
with
i
reference
i
to
i
the irequirements
i
of
i
the
i
wife
i
regarding
i
condiments,
i
food,
i
clothing,
i
residence,
i
servants
i
and iarticles
i
for
i
adornment
i
subject
i
to
i
the
i
custom
i
of
i
her
i
equals
i
among
i
her
i
own
i
people
i
living iin
i
the
i
same
i
town
Dower
Where
i
no
i
details
i
about
i
the
i
mode
i
of
i
payment
i
of
i
dower
i
are
i
specified
i
in
i
the
i
Nikahnama
i
or
i
the
imarriage
i
contract,
i
the
i
entire
i
amount
i
of
i
the
i
dower
i
shall
i
be
i
presumed
i
to
i
be
i
payable
i
on
i
demand.
Islamic Concept of Dower and
Maintenance
The
i
form
i
of
i
the
i
dower
i
described
i
above
i
in
i
connection
i
with
i
the
i
fifth
i
stage
i
is
i
not
i
an
i
invention
i
of
ithe
i
Qur'an.
i
All
i
that
i
the
i
Qur'an
i
did
i
was
i
to
i
restore
i
it
i
to
i
its
i
natural
i
and
i
pristine
i
form.
i
The
i
Qur'an iin
i
its
i
incomparably
i
elegant
i
style
i
says:
i
"Give
i
to
i
the
i
women
i
a
i
free
i
gift
i
of
i
their
i
marriage
i
portions"
i
(Quran
i
4:4).
i
This
i
means
i
that
i
the
i
dower
i
belongs
i
to
i
women
i
exclusively
i
and
i
it
i
is
i
a
i
gift
i
to
i
be
i
paid
i
directly
i
to ithem.
i
It
i
has
i
nothing
i
to
i
do
i
with
i
their
i
fathers
i
or
i
brothers.
In
i
this
i
short
i
sentence
i
the
i
Holy
i
Qur'an
i
has
i
referred
i
to
i
three
i
basic
i
points:
Firstly
i
it
i
has
i
used
i
for
i
marriage
i
portion
i
or
i
the
i
dower
i
the
i
word,
i
saduqatehinna
i
meaning
itruthfulness
i
and
i
sincerity
i
and
i
not
i
the
i
word
i
mehr
.
i
Thus,
i
the
i
dower
i
is
i
a
i
symbol
i
of
i
the
i
cordiality iof
i
the
i
man
i
paying
i
it.
i
This
i
point ihas
i
been
i
expressly
imentioned
i
by ia
i
number
i
of ithe
i
commentators iof
i
the
i
Holy
i
Qur'an,
i
such
i
as
i
Zamakhshari,
i
the
i
author
i
of
i
the
i
well-known
i
commentary,
i
the iKashshaf
i
similarly,
i
the
i
famous
i
philologist,
i
Raghib
i
Isfahani
i
says
i
in
i
his
i
lexicon
i
of
i
the
i
Qur'an ithat
i
the
i
dower
i
has
i
been
i
called
i
saduqah
i
because
i
it
i
is
i
a
i
symbol
i
of
i
the
i
sincerity
i
of
i
faith.
Secondly,
i
it
i
is
i
clear
i
from
i
the
i
above
i
verse
i
of
i
the
i
Qur'an
i
that
i
the
i
dower
i
is
i
to
i
be
i
paid
i
directly
i
to ithe
i
woman,
i
and
i
her
i
parents
i
have
i
no
i
claim
i
to
i
it.
i
It
i
is
i
not
i
a
i
compensation
i
for
i
the
i
efforts
i
made
i
by ithem
i
to
i
bring
i
up
i
their
i
daughter.
i
Thirdly,
i
it
i
is
i
clear
i
that
i
the
i
dower
i
is
i
nothing
i
except
i
a
i
present
i
and
i
a
i
gift
i
(Mutahhari,
i
1980).
Muhammad Tahir and Muhammad Shahid
42
Global Legal Studies Review (GLSR)
The
i
section
i
12
i
provides
i
an
i
effect
i
only
i
to
i
the
i
opinion
i
of
i
Shiati
i
faction.
i
As
i
I
i
have
i
studied
i
the
iopinion
i
of
i
Abu
i
Hanifa,
i
he
i
says
i
that
i
in
i
such
i
case,
i
the
i
prompt
i
portion
i
of
i
the
i
dower
i
should
i
be idecided,
i
while
i
taking
i
in
i
consideration
i
three
i
things
i
(1)
i
custom
i
(2)
i
status
i
of
i
the
i
husband
i
(3) iamount
i
of
i
the
i
dower
i
fixed.
So
i
the
i
provisions
i
of
i
section
i
12
i
don't
i
have
i
the
i
merit
i
of
i
balance.
Power to Make Rules
i.
The
i
Government
i
may
i
make
i
rules
i
to
i
carry
i
into
i
effect
i
the
i
purposes
i
of
i
this
i
Ordinance.
ii.
In
i
making
i
rules
i
under
i
this
i
section,
i
such
i
Government
i
may
i
provide
i
that
i
a
i
breach
i
of
i
any
i
of ithe
i
rules
i
shall
i
be
i
punishable
i
with
i
simple
i
imprisonment
i
which
i
may
i
extend
i
to
i
one
i
month, ior
i
with
i
fine
i
which
i
may
i
extent
i
to
i
two
i
hundred
i
rupees,
i
or
i
with
i
both.
iii.
Rules
i
made
i
under
i
this
i
section
i
shall
i
be
i
published
i
in
i
the
i
official
i
Gazette
i
and
i
shall
ithereupon
i
have
i
effect
i
as
i
if
i
enacted
i
in
i
this
i
Ordinance (Tanzilur, 1991).
Islamic Concept of Making Rules
There
i
are
i
two
i
sources
i
of
i
Sharia
i
(understood
i
as
i
the
i
divine
i
law):
i
the
i
Qur'an
i
and
i
Sunnah. iAccording
i
to
i
Muslims,
i
the
i
Qur'an
i
is
i
the
i
unalterable
i
word
i
of
i
God.
i
Much
i
of
i
the
i
Qur'an
i
exhorts iMuslims
i
to
i
general
i
moral
i
values;
i
only
i
80
i
verses
i
of
i
the
i
Qur'an
i
contain
i
legal
i
prescriptions.
i
The iSunnah
i
is
i
the
i
life
i
and
i
example
i
of
i
the
i
Islamic
i
prophet
i
Muhammad.
i
The
i
Sunnah's
i
importance
i
as ia
i
source
i
of
i
Sharia,
i
is
i
confirmed
i
by
i
several
i
verses
i
of
i
the
i
Qur'an
i
(e.g.
i
Quran
i
33:21).
i
The
i
Sunnah iis
i
primarily
i
contained
i
in
i
the
i
hadith
i
or
i
reports
i
of
i
Muhammad's
i
sayings,
i
his
i
actions,
i
his
i
tacit iapproval
i
of
i
actions
i
and
i
his
i
demeanor.
i
While
i
there
i
is
i
only
i
one
i
Qur'an,
i
there
i
are
i
many icompilations
i
of
i
hadith,
i
with
i
the
i
most
i
authentic
i
ones
i
forming
i
during
i
the
i
sahih
i
period
i
(850
i
to i915
i
CE).
i
The
i
six
i
acclaimed
i
Sunni
i
collections
i
were
i
compiled
i
by
i
(in
i
order
i
of
i
decreasing iimportance)
i
Muhammad
i
al-Bukhari,
i
Muslim
i
ibn
i
al-Hajjaj,
i
Abu
i
Dawood,
i
Tirmidhi,
i
Al-Nasa'i, iIbn
i
Maja.
i
The
i
collections
i
by
i
al-Bukhari
i
and
i
Muslim,
i
regarded
i
the
i
most
i
authentic,
i
contain
i
about i7,000
i
and
i
12,000
i
hadiths
i
respectively
i
(although
i
the
i
majority
i
of
i
entries
i
are
i
repetitions).
i
The ihadiths
i
have
i
been
i
evaluated
i
on
i
authenticity,
i
usually
i
by
i
determining
i
the
i
reliability
i
of
i
the inarrators
i
that
i
transmitted
i
them.
i
For
i
Shias,
i
the
i
Sunnah
i
may
i
also
i
include
i
anecdotes
i
The
i
Twelve
iImams.
The
i
process
i
of
i
interpreting
i
the
i
two
i
primary
i
sources
i
of
i
Islamic
i