Family Dispute Resolution in Islam for Overseas Muslims
Islam emphasizes that the dispute between families should be resolved, and in this case, the family and friends have a vital role in it.
Family dispute resolution in Islam for overseas Muslims can be availed through the courts, lawyers, or the relevant departments of the government. However, Muslim Family Law requires that disputes should be resolved, and whoever resolves a dispute between spouses gets a high reward from Allah Almighty.
If there is a conflict between a husband and wife and the dispute has reached the extent of divorce in Pakistan, then there is a huge responsibility on the shoulders of the family and friends of such a couple that they should try their best to resolve the dispute between them.
The religion of Islam says that whoever is in a position to resolve a dispute between a couple should resolve the dispute to please Allah Almighty.
Counseling by Family and Relatives
The foremost responsibility in case of a family dispute between a couple is on the shoulders of the family and relatives.
In Pakistan, generally, we have a joint family system, which makes family bonds very strong.
If the family and relatives come to know that there is a dispute between spouses, instead of taking advantage of it, they should try to amicably resolve the issue between them.
Responsibilities of Family and Relatives:
- The family and relatives should do counseling.
- They should stop the husband from proceeding with divorce in Pakistan.
- At the same time, the family and relatives should also try that the Khula procedure in Pakistan should not be adopted by the wife.
Reconciliation Effort by Family Courts
Not only does the religion of Islam emphasize reconciliation between spouses, but Family Law in Pakistan also emphasizes reconciliation efforts between spouses.
If a female files any case against the husband in the Family Court, the law says that the Family Court should try to reconcile the husband and wife.
Role of Family Courts:
- Whenever a case is filed before the court, the court will try its best to reconcile the spouses.
- Though the Family Courts cannot bind the spouses to reconcile, the Family Courts should still try their best to reconcile the husband and wife.
Reconciliation Effort by Union Council
Whenever a case of divorce in Pakistan is filed by the husband against the wife, it is submitted to the Union Council.
The Union Council is also a department established by the Government of Punjab in Pakistan.
There is at least a 90-day procedure that should be followed by the Union Council in order to issue the Pakistani divorce certificate to the spouses.
Role of Union Council:
- Before the issuance of the divorce certificate, the Union Council tries to reconcile the husband and wife.
- The reconciliation process continues for at least 90 days.
- There is no maximum limit provided in the law; however, the minimum time period is 90 days.
Alternate Dispute Resolution Department in Punjab
The Punjab Government in Pakistan has also established a department by the name of Alternate Dispute Resolution.
Alternate Dispute Resolution Department:
- The courts and the parties themselves can refer disputes to this department.
- When a case is filed in court, and the court thinks there is a possibility of dispute resolution between the parties, the court can send the case to the Alternate Dispute Resolution Department in Punjab.
- The parties can also approach the Alternate Dispute Resolution Department in Punjab themselves in order to amicably resolve the issues between them.
Lawyers’ Role in Pakistan
Lawyers also have a great role in family dispute resolution, especially for overseas Muslims.
Generally, it is the role of lawyers to represent their clients in a court of law. However, legal ethics require that if a dispute is between a husband and wife, lawyers should also play their role in amicably resolving the dispute between them.
Role of Lawyers:
- Lawyers have the responsibility to represent their clients.
- Lawyers are also in a position to convince their clients to resolve their disputes.
- Lawyers can play an important role in family dispute resolution.
Our law firm, Nazia Law Associates, also helps clients resolve their issues. We try our best in cases of family dispute resolution, especially for overseas Pakistanis.
Our law firm deals with cases of:
- Divorce
- Khula
- Child custody in Pakistan
on a daily basis, and we always try to get the matter resolved through dispute resolution between the spouses.