DefinePK

Abstract

Human society originated from the formal relationship between men and women through marriage, which subsequently led to the formation of families and tribes. The foundational principles of marriage have been outlined in divine revelations, and Islamic Shariah, particularly in the teachings of Prophet Muhammad (PBUH), provides comprehensive guidance for its establishment, continuity, organization, and stability. However, in unavoidable circumstances where maintaining a marriage becomes difficult or impossible, Islam has provided a well-structured mechanism for its dissolution, known as divorce (Talaq). Islamic family laws contain clear injunctions regarding divorce, which scholars have interpreted in different ways according to the needs of their times. Various forms of divorce, such as Talaq-e-Bid'ah and Talaq-e-Hasan, have been discussed in Islamic jurisprudence.
Pakistan, being an Islamic state, has incorporated in its constitution the obligation to implement laws in accordance with the Quran and Sunnah. Consequently, the Government of Pakistan introduced the Muslim Family Laws Ordinance in 1961, which is currently enforced throughout the country. The implementation of Islamic divorce laws faces several challenges, including adherence to cultural traditions, the legitimization of Talaq-e-Bid'ah, the misconception that divorce is solely a man's right, unilateral termination of marriage by men, negligence in following Quranic commandments and Hadith regarding divorce, lack of awareness among family court judges regarding Islamic teachings, insufficient knowledge of Islamic divorce laws among legal practitioners, ignorance of Islamic principles among spouses, contradictions between Islamic and secular legal frameworks, delays in legal proceedings due to lawyers' tactics, and the complexity of judicial procedures. This paper critically examines the difficulties in enforcing Islamic divorce laws and provides comprehensive solutions to address these challenges.