Islamic Family Law Explained for Muslims Living Abroad

Islamic Family Law Explained for Muslims Living Abroad

Islamic Family Law in Pakistan deals with all kinds of issues between the husband and wife.

Islamic Family Law Deals With:

• Marriage
• Divorce
• Khula
• Wife
• Children
• Dowry articles

Islamic Law deals with the cases between the husband and wife.

Islamic Family Law is the same for all Muslims living anywhere in the world. The laws of countries may change, but Islamic Family Law remains the same for all Muslims wherever they are living.

Marriage is a Contract

Unlike other religions, where marriage is considered a sacred relationship established by God between a male and a female, according to Islamic Family Law, marriage is a contract.

Key Points:

• Marriage is a contract between the husband and wife.
• The terms and conditions between the husband and wife can be fixed.
• The terms and conditions can be mentioned in the Nikah contract in Pakistan.
• For the purpose of marriage registration in Pakistan, this contract should be filled out and registered.

No Marriage Without Dowry

Islamic Family Law says that the marriage between a male and a female should be done with a dowry amount.

Dowry Amount:

• The dowry amount is an amount paid by the husband to the wife in case of divorce.
• A Muslim male and female can fix any amount as a dowry.
• It acts as a protection for the wife against divorce by the husband.

Male Can Divorce Arbitrarily

As per Islamic Family Law, the male has the arbitrary right to divorce the wife.

Divorce Rights of Husband:

• A male does not need a reason to divorce the wife.
• He can also divorce the wife without any reason.
• If the male divorces the wife, he has to pay the dowry amount to the wife as fixed according to the marriage contract.

Female Can File Khula Case

Just as a male can divorce the wife, the wife can also file a case of Khula in Pakistan.

Khula Procedure:

• The wife needs to hire the services of a divorce lawyer in Pakistan.
• The lawyer will file the case on her behalf in the Family Court.

Woman Needs Grounds to Get Khula

A woman in Pakistan needs valid grounds to get Khula from the Family Court.

Requirements for Khula:

• Family Law provides a list of grounds that a female can avail herself of in order to obtain Khula from the Family Court.
• She needs to establish these grounds before the Family Court through her lawyer.
• If the court is convinced that the grounds exist on which Khula should be granted, then the court will issue the Khula decree in favor of the wife.

Iddat Period

Iddat period is the waiting period of 90 days after divorce.

Important Points:

• When a male gives divorce to the wife, she has to undergo the Iddat period.
• If the female obtains Khula from the husband, she has to undergo the Iddat period.
• The Iddat period is 90 days.
• Only after this Iddat period can she enter into her next marriage.

Cannot Do Next Marriage Without Divorce Certificate

As per the Muslim Family Law Ordinance, no male or female can enter into a subsequent marriage after divorce unless they are issued a divorce certificate in Pakistan.

Divorce Certificate:

• It is the final document.
• It is issued after the complete legal procedure of divorce or Khula.

Husband Has to Maintain Wife and Children

It is the core responsibility of the husband to maintain the wife and the children.

Maintenance Responsibility:

• Even if the wife is rich.
• Even if the wife is earning on her own.
• Even if the wife has means of living.
• It is still the responsibility of the husband to maintain the wife and the children.

This is not only Islamic Family Law, but it is also the law of Pakistan that the husband will be responsible for the maintenance of the wife and children.

Overseas Divorce in Pakistan

An overseas divorce in Pakistan can be filed through a divorce lawyer.

Overseas Divorce Procedure:

• Lawyers are legally licensed to represent their overseas clients before the Family Courts.
• If an overseas Pakistani wants to initiate the divorce procedure in Pakistan, he has to send a Special Power of Attorney in favor of his lawyer.
• This Special Power of Attorney should be attested by the Pakistani Embassy or Consulate in the country where he is residing.

Islamic Family Law is explained for Muslims living abroad above. However, if you still have any questions, you may contact our expert family lawyer, Advocate Nazia

We also deal with cases of:

• Marriage
• Divorce
• Khula
• Online Nikah in Pakistan