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The issue of the husband’s consent for khul‘ is debatable among classical and contemporary Muslim jurists. The judiciary of Pakistan has played its role to decide the controversy between husband and wife in the cases of khul‘.  It is evident in Islamic law that a husband can dissolves the marriage and divorce his wife by denoting the word talaq. There is no need for justification of divorce from the husband neither in Islamic law nor the Pakistani legal system. But the female initiative divorce is debatable and depends on the consent of the husband to some Muslim jurists while others oppose this view. The Pakistani judiciary is also not on the same page, various judgments and different interpretations by the judges. In Pakistani law, The Dissolution of Muslim Marriage Act 1939 in its section 2 mentions certain justified reasons for the dissolution of marriage by a woman but it’s not easy to justify the reason in a court of law. This paper tries to find whether the consent of the husband is mandatory in khul‘ case or not. It denotes the opinions of classical and contemporary Muslim jurists. This research examines the grounds for the dissolution of marriage in Islamic law and the Pakistani legal system. The role of the Pakistani judiciary will be investigated and compared with the principles of Islamic law regarding the consent of the husband in khul‘. This research concludes that the husband’s approval and consent is neither required in Islamic law nor in the Pakistani legal system.

Family law in Pakistan underwent a fundamental change when the Family Courts Act, 1964 was enacted and family matters were entrusted to family courts instead of ordinary civil courts. Since then, family courts have been administering family law to provide ‘better remedies’ to women and children. This paper aims to highlight the objectives of enacting Family Courts Act 1964 and how does it regulate its own proceedings under the judicial structure. It is significant to examine that the provisions of (Civil Procedure Code, 1908) CPC are generally not applicable to the trials before family courts, however usually proceedings are more or less the same; yet, family courts have special powers to discover the possibilities of amicable settlement of family disputes. This paper investigates various procedures in several family issues like a suit for maintenance, dissolution of marriage, a suit for dower and other dowry articles, inheritance and custody of children. It also interrogates that how far the objectives of the said law are achieved? I also argue that there is a dire need of establishing family courts separately like other administrative tribunals as the spirit of the law demands. This research mainly emphasizes that the environment of the courts should be segregated for the decorum of the families whose domestic disputes are usually exposed publically that I cite as a great reason for not accessing legal protection in Pakistani society. The paper also stresses that the milieu of the courts should also be affable for the visit of the child for the best interest and welfare of children and women.

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.

Dower is one of the fundamental rights of woman provided by Islam. This right provides woman economic and financial stability at the beginning of her married life. This study evaluates the concept of dower in Islamic perspective by explicating its significance and legitimacy. It also denotes the importance of dower in marriage contract. The quantum of dower may be fixed or decided according to the families, they are living with, if not mentioned in the contract of marriage. Present study also argues that Islam has not specified the quantum of Dower however the jurists believe that there are different specifications in terms of maximum and minimum quantum. This research aims to demonstrate the reasons of why Islam has promoted dower as a right of woman that invalidates the marriage contract if unpaid. However, Islam strictly prohibits the ostentatious manifestations of Pakistani societies that could trouble the individuals and society holistically. This paper concludes that how Islam has protected woman by providing her right to dower.