Beyond Legality: Ethical Appraisal in Family Law

Abstract

Family law plays a crucial role in resolving disputes in every extent particularly in cases of divorce, Nikah, child custody and other domestic relationships. Our legal system provides a structured framework on the basis of which such cases are determined. These decisions are the result of following a strict procedure of law which might be morally or ethically inappropriate. To act in accordance with the law, Human values, dignity, fairness and justice must be considered. A pure legalistic approach might be legally correct but its outcomes can result into morally / ethically disturbance which should not be ignored because legal decisions in family law affect people's lives deeply. This study elaborates the ethical appraisal in family law beyond legality by arguing that a pure legalistic approach is deficient and unjust. It draws ethical theories highlighting that how legal decisions in family law can be ethically assessed. Formulating case studies, this paper enshrines that where ethical reasoning could have led to more just and morally judgments particularly in child custody and cultural sensitivity as well as it demonstrates that ethical appraisal can lead to rescue the disturbances emerging up from the strict legal procedure in family law. The paper concludes by emphasizing some of the recommendations which can play its role by keeping a balance between legal norms and ethical light in family law practices.

KEYWORDS: Legality, ethical appraisal, family law, cultural sensitivity, legal decisions, critical analysis.