A Shari'ah-Based Review of Family Court Judgments on Khula and Dissolution of Marriage

https://doi.org/10.5281/zenodo.17102264

Abstract

Islam is a complete code of life that provides comprehensive guidance for all aspects of human conduct, aiming to foster a morally sound and socially responsible society. In Pakistan, the legal system includes family courts that adjudicate on matters such as khula (judicial divorce initiated by the wife) and dissolution of marriage. These judicial decisions often raise important questions about their compatibility with Islamic jurisprudence and the principles derived from the Qur’an and Sunnah.

This paper aims to conduct a critical Shari'ah-based review of family court judgments related to khula and dissolution of marriage in Pakistan. It seeks to assess whether these rulings align with the established principles of Islamic law and the consensus of classical jurists (fuqaha). Since khula and faskh al-nikah represent two key alternatives to talaq (divorce) in Islamic tradition, it is imperative that legal decisions on these matters adhere to the relevant religious criteria. The study also explores how Islamic jurisprudence formulates legal solutions based on divine sources, emphasizing the need for legal systems to preserve social cohesion and protect the family structure. The ultimate objective is to evaluate whether current family court practices reflect true Islamic legal thought or deviate from it, and to suggest ways in which judicial decisions can be better aligned with Shari'ah principles.

Keywords: Shari'ah, Family Court, Judgments, Khula, Dissolution, Marriage.