Adalati Faskh Nikah K Asbab, Qanooni Asraat aur Mumkina Tahfuzaat Ka Aaeli Quwaneen K Tanzur Main Shari Jaiza

Abstract

Islam has a comprehensive family system that initiates from the bond of marriage between a man and a woman after accomplishment of definite rulings. It is a contract beyond the time limit and is a deed of trust arranged for the continuation of human dignity, determination of rights and anchoring the pillars of a righteous society. In many circumstances the goals behind the marriage are not achieved and the marital life becomes impracticable wherein, the Sharia has permitted separation between the spouses. The authority of divorce has been assumed to husband but in many cases the marriage can be dissolved through legal procedure as well. Such divorce is called the dissolution of marriage which has been explained in the Islamic and the contemporary law’s provisions. This study aims to explore the various types of grounds for dissolution, the legal impacts of the court decision and the observations whatsoever, comparing the Islamic and the existing laws. The data has been collected from the respective sources of both areas. The grounds provided in the existing law have been analyzed critically in perspective of the opinions of known Islamic schools of thought. Similarly, the observations have been pointed out and solved through legal and logical answers. The thesis is divided into four chapters. The first chapter deals with the introduction of dissolution, the concept of Judiciary in Islam and the analysis of observations exist on the court decision. The second chapter comprises the analytical study of the grounds provided in The Dissolution of Muslim Marriage Act 1939.The third and fourth chapter also relate to the study of remaining grounds of the Act mentioned above. The fifth chapter having five sub chapters, consists of the critical study of The Muslim Family Laws Ordinance of 1961.