177
edits
User:Lehrasap/Sandbox 1: Difference between revisions
Jump to navigation
Jump to search
no edit summary
mNo edit summary |
No edit summary |
||
| Line 76: | Line 76: | ||
Islam critics point out that as compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action. | Islam critics point out that as compared to the woman, if a husband divorces his wife while he dislikes her or without any harm, then he will not become a hypocrite, and he will not get a problem in entering the paradise for this same action. | ||
== Faskh فسخ (i.e. dissolution of marriage), and the unilateral women's sufferings: == | ==Faskh فسخ (i.e. dissolution of marriage), and the unilateral women's sufferings:== | ||
In 'Faskh' (i.e. dissolution of marriage): | In 'Faskh' (i.e. dissolution of marriage): | ||
| Line 104: | Line 104: | ||
Islam critics point out that: | Islam critics point out that: | ||
* Although woman gets the right to have divorce in these special cases, but the duration of process is extremely long, and she has to suffer this whole period unilaterally. | *Although woman gets the right to have divorce in these special cases, but the duration of process is extremely long, and she has to suffer this whole period unilaterally. | ||
* Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's call for marital obligation etc. | *Moreover, as compared to the women, the husbands are allowed to 'immediately' divorce their wives if she is infertile, or she becomes insane, or if she is suffering from leprosy, or she does not respond to husband's call for marital obligation etc. | ||
== Women movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh == | ==Women movement against the rulings of Khul' and Faskh rulings in Pakistan and Bangladesh== | ||
Right after the independence of Pakistan in 1947, women's struggle started against the Khul' and Faskh rulings. And they also got success when the Supreme Court of Pakistan sided with the women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan became Bangladesh, then they also followed that modified Khul' ruling by Supreme Court of Pakistan. | Right after the independence of Pakistan in 1947, women's struggle started against the Khul' and Faskh rulings. And they also got success when the Supreme Court of Pakistan sided with the women and allowed them to take divorce through Khul' and even without paying the ransom money. In 1971, when East Pakistan became Bangladesh, then they also followed that modified Khul' ruling by Supreme Court of Pakistan. | ||
| Line 114: | Line 114: | ||
Nevertheless, it became a cause of conflict between the Supreme Court of Pakistan, and the Islamic Scholars, while the later consider this new Khul' law against the Quran and Sunnah. | Nevertheless, it became a cause of conflict between the Supreme Court of Pakistan, and the Islamic Scholars, while the later consider this new Khul' law against the Quran and Sunnah. | ||
For details, please read these Study 1<ref>[https://www.iiu.edu.pk/wp-content/uploads/downloads/journals/ilr/volume1/num-1/Article_1_Vol1_1_010817.pdf]</ref> and Study 2<ref>[https://www. | For details, please read these Study 1<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> and Study 2<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>. The abstract from study 2 is as under: | ||
{{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'''.}} | ||