Challenges in the Implementation of Islamic Divorce laws in Pakistan and their solutions

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 Islāmic Shari’ah, particularly in the teachings of Prophet Muḥammad (PBUH), provides comprehensive guidance for its establishment, continuity, organization, and stability. However, in unavoidable circumstances where maintaining a marriage becomes difficult or impossible, Islām has provided a well-structured mechanism for its dissolution, known as divorce ( alāq). Islāmic 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 alāq-e-Bid'ah and ā - - , have been discussed in Islāmic jurisprudence. Pākistān, being an Islāmic state, has incorporated in its constitution the obligation to implement laws by the Qur’ān and Sunnah. Consequently, the Government of Pākistān introduced the Muslim Family Laws Ordinance in 1961, which is currently enforced throughout the country. The implementation of Islāmic divorce laws faces several challenges, including adherence to cultural traditions, the legitimization of alāq-e-Bid'ah, the misconception that divorce is solely a man's right, unilateral termination of marriage by men, negligence in