Abstract
Provision of notice for ‘talaq/divorce’ by either of the spouse for
the purpose of effecting reconciliation between the parties by an
arbitration council is a contentious issue in the Pakistani Law. This
is evident from the turmoil faced by the Pakistani apex court in
interpreting the provision of notice for talaq as enumerated in
section 7 of Muslim Family Law Ordinance, 1961, when three
triple talaq are announced by either of the spouses. The purpose of
this paper is to propose reforms in the section 7 of Muslim Family
Law Ordinance, 1961 pertaining to talaq divorce under Pakistani
Law. The methodology adopted is case law analysis along with
sharia appraisal of the issue. The findings of the paper mandate
reform of section 7 of the Muslim Family Law Ordinance, 1961.
The limitation of this study is a comparative analysis. The result of
the reform proposed has a serious implication for the masses of
Pakistan as people are majority Muslims and require a provision of
talaq that is in accordance with their system of interpretation. A
reformed section 7 has not been proposed before in this form.
Usman Quddus , Muhammad Arif Khan, Wasim Alam , Khurram Naeem Mir , Muhammad Haider Khan. (2020) Provision of Notice for Divorce/Talaq after Pronouncement in Pakistan: An Analysis along-with Recommendations for Reform in Section 7 of the Muslim Family Law Ordinance, 1961, Journal of Pakistan Vision, Volume 21, Issue 1.
-
Views
688 -
Downloads
145
