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Khula: Difference between revisions
→Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh
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==Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh== | ==Women's movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh== | ||
Right after the independence of Pakistan from the United Kingdom in 1947, women's struggle started against the Khul' and Faskh rulings in Pakistan. The Supreme Court of Pakistan sided with the rights of women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan gained independence and became Bangladesh, they then followed that modification Khul' as had been ruled by the Supreme Court of Pakistan. | Right after the independence of Pakistan from the United Kingdom in 1947, women's struggle started against the Khul' and Faskh rulings in Pakistan. The Supreme Court of Pakistan sided with the rights of women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan gained independence and became Bangladesh, they then followed that modification Khul' as had been ruled by the Supreme Court of Pakistan.<ref>Judicial Law-Making: An Analysis of Case Law on Khul‘ in [https://www.iiu.edu.pk/wp-content/uploads/downloads/journals/ilr/volume1/num-1/Article_1_Vol1_1_010817.pdf Pakistan]</ref> | ||
Also during this period the women's rights struggle succeeded in reducing the time period in the Faskh rulings in favor of women. | Also during this period the women's rights struggle succeeded in reducing the time period in the Faskh rulings in favor of women. | ||
Despite these gains, the issue later became a cause of conflict between the Supreme Court of Pakistan, and the Islamic scholars, with the later considering this new Khul' law against the [[Qur'an]]<nowiki/>and [[Sunnah]]. | Despite these gains, the issue later became a cause of conflict between the Supreme Court of Pakistan, and the Islamic scholars, with the later considering this new Khul' law against the [[Qur'an]]<nowiki/>and [[Sunnah]]<ref>Right of Women to Divorce: Adjudication of Redemption (Khul') In Islamic Law and Pakistani Law, A Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts On The Basis of Legal Opinion (Ijtehad)[https://www.researchgate.net/publication/281634445_Right_of_Women_to_Divorce_Adjudication_of_Redemption_Khul'_In_Islamic_Law_and_Pakistani_Law_A_Critical_Analysis_of_the_Orthodox_Islamic_Scholars_and_Recommendations_of_Pakistani_Courts_On_The_Basis_of]</ref>. | ||
{{Quote|[https://www.researchgate.net/publication/281634445_Right_of_Women_to_Divorce_Adjudication_of_Redemption_Khul'_In_Islamic_Law_and_Pakistani_Law_A_Critical_Analysis_of_the_Orthodox_Islamic_Scholars_and_Recommendations_of_Pakistani_Courts_On_The_Basis_of Right of Women to Divorce: Adjudication of Redemption (Khul') In Islamic Law and Pakistani Law, A Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts On The Basis of Legal Opinion (Ijtehad)]|'''Abstract''': | {{Quote|[https://www.researchgate.net/publication/281634445_Right_of_Women_to_Divorce_Adjudication_of_Redemption_Khul'_In_Islamic_Law_and_Pakistani_Law_A_Critical_Analysis_of_the_Orthodox_Islamic_Scholars_and_Recommendations_of_Pakistani_Courts_On_The_Basis_of Right of Women to Divorce: Adjudication of Redemption (Khul') In Islamic Law and Pakistani Law, A Critical Analysis of the Orthodox Islamic Scholars and Recommendations of Pakistani Courts On The Basis of Legal Opinion (Ijtehad)]|'''Abstract''': | ||
Pakistan is an Islamic country. The laws made by the Parliament and Judiciary are administered according to the injunction of Islam. There are many laws made for the protections of women. Among these rights granted, right of women to khul " is also awarded by Islamic Law. Khul " is the proposal given to the husband by the wife for divorce. Judicial Khul " is exercised in Pakistani courts, according to Article 2(ix) of dissolution of Muslims Marriages Act 1939. '''A large number of Ulama (Islamic Jurists) even today, refuse to recognize khul " granted by courts without the consent of the husband as a valid divorce. Confusion is caused by two parallel and conflicting interpretations of the Islamic Law. On one hand, there is the statutory law and interpretation by the Superior Courts of Pakistan and on the other hand, is the interpretation of Jurists of Islamic Law with strong arguments from Qur " an and Sunnah'''.}} | Pakistan is an Islamic country. The laws made by the Parliament and Judiciary are administered according to the injunction of Islam. There are many laws made for the protections of women. Among these rights granted, right of women to khul " is also awarded by Islamic Law. Khul " is the proposal given to the husband by the wife for divorce. Judicial Khul " is exercised in Pakistani courts, according to Article 2(ix) of dissolution of Muslims Marriages Act 1939. '''A large number of Ulama (Islamic Jurists) even today, refuse to recognize khul " granted by courts without the consent of the husband as a valid divorce. Confusion is caused by two parallel and conflicting interpretations of the Islamic Law. On one hand, there is the statutory law and interpretation by the Superior Courts of Pakistan and on the other hand, is the interpretation of Jurists of Islamic Law with strong arguments from Qur " an and Sunnah'''.}} | ||
==References== | ==References== | ||
{{reflist}} | {{reflist}} | ||