The Law of Khul' in Islamic Law and the Legal System of Pakistan: The Sunnah of the Prophet or Judicial Ijtihad?

Munir, Muhammad

doi:10.2139/ssrn.2441564

Cited by 3 publications

(3 citation statements)

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“…The majority opinion of classical scholarship (Al-Haj 2020) was that khul'a was not actually binding unless the husband agreed to it. The Mālikī school (Munir 2016) disagreed and allowed the judge to terminate the marriage without the husband's consent within this framework. This particular framework forms the basis for the laws related to a woman's right to divorce in Pakistan (Mehmood and Farooq 2014).…”

Section: Types Of Divorce or Separation In Islammentioning

confidence: 99%

The Necessity of a Standard Prenuptial Agreement for American Muslims

Malik

2024

JIFP

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For many Sunni Muslims in the U.S., one of the most important documents in their life might be a marriage contract that unintentionally contains an impermissible amount of gharar (uncertainty). There are seldom disputes when contracts go smoothly, even if gharar is present, but when there are disagreements, it is a cause of major strife. If two Muslims get married, they usually perform a nikāḥ (Islamic marriage contract/ceremony) and then sign a civil marriage contract in their state of residence. Although it would seem that the nikāḥ would imply certain terms for dissolution perhaps based on a classical school of Islamic law or contemporary ijtihād (juristic reasoning) adjusted for modern times and circumstances, the actual authority belongs to a non-Muslim judge and legal system. Does this legal system have a moral right over Muslim marriage contracts in this country, or is the use of such a court an un-Islamic infringement on the other party’s rights and therefore a violation of God’s law? This author recommends couples should explicitly discuss this issue prior to marriage and proposes a standardized prenuptial agreement to minimize unnecessary disputes.

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Section: Types Of Divorce or Separation In Islammentioning

confidence: 99%

The Necessity of a Standard Prenuptial Agreement for American Muslims

Malik

2024

JIFP

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“…In another situation, if the family court declines to pass an order of dissolution of marriage, the any party has right to challenge the proceeding of family court through writ jurisdiction in the respective high court on the basis of irregularity may not be so grave. (Munir, 2014) It is fascinating to understand both stages of the procedural family law ordering the conciliation seems to be coldhearted as to the real spirit of conciliation/FDR. It is the failure of procedure and scheme for boarding upon conciliation/FDR.…”

Section: Family Dispute Resolution In Pakistani Family Lawmentioning

confidence: 99%

Untitled

2021

GLSR

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The researchers have articulated the developments of family dispute resolution in Pakistan and highlighted issues pertaining to its legal framework and customary practices existing in the social and legal system. The library used as a tool for data collection, and internet sources consulted in this research. Doctrinal and qualitative methodologies used for this study and data analysis carried out through analytical and critical review along with the interpretation of laws. This article is very significant for the understanding of gaps to accommodate FDR methods and practices to expedite adjudication processes. Furthermore, the article is lightening on the issues of dispute resolution and interaction of local government systems to cater to customary mal-practices. Therefore, FDR is the most flexible, efficient, and preferred choice for family dispute resolution in the developed legal discourse. This article is advocating in favor of FDR, aiming to reconciliation in the matrimonial disputes, to prevent the dissolution of marriage cases.

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“…The comparison will provide insight into the differences in legal education systems in these countries and how these differences affect the quality of legal education and preparation of law graduates for legal practice. (Munir, 2008).…”

Section: Introductionmentioning

confidence: 99%

Analysis of the Legal Education Process in Pakistan in Relation to Australia, the United States of America, and the United Kingdom

Idris

Khan

Minaz

2023

JASS

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This paper provides an analysis of legal education in Pakistan with that of the United Kingdom (UK), the United States (US), and Australia. The main objective of the study was focused on examining the similarities and variations in curriculum, teaching strategies, faculty credentials, assessment and evaluation, professional training certification, and continuing education. The study found that legal education in Pakistan places more emphasis on theoretical knowledge, with limited opportunities for practical training, while legal education in the UK, US, and Australia places a strong emphasis on practical training, critical thinking, and professional development. The paper emphasises the value of practical training and professional development in legal education therefore it is recommended that Pakistan's legal education system could benefit from incorporating these elements into its curriculum to prepare graduates in the field of social sciences for legal practices in Pakistan and internationally.

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The Law of Khul' in Islamic Law and the Legal System of Pakistan: The Sunnah of the Prophet or Judicial Ijtihad?

Cited by 3 publications

References 0 publications

The Necessity of a Standard Prenuptial Agreement for American Muslims

The Necessity of a Standard Prenuptial Agreement for American Muslims

Untitled

Analysis of the Legal Education Process in Pakistan in Relation to Australia, the United States of America, and the United Kingdom

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