خُلع و تنسیخِ نکاح سے متعلق فیملی کورٹ کے فیصلے: اسلامی تعلیمات کی روشنی میں تجزیاتی مطالعہ (اسلام آباد: 2022 تا 2024 کا اختصاصی مطالعہ)

Abstract

Islam has established a comprehensive system of marriage to ensure the continuation of human lineage and the fulfillment of natural and social needs. Marriage, in Islam, is not merely a social contract but a sacred covenant that forms the foundation of a balanced and harmonious society. It promotes mutual love, compassion, and cooperation between husband and wife, and discourages separation on trivial grounds. However, when marital life becomes unbearable and reconciliation is no longer possible, Islam grants both spouses the right to seek dissolution, talāq for men and khula for women, ensuring justice and protection for both parties. In contemporary society, especially within the legal framework of Pakistan, the dissolution of marriage initiated by women is often referred to as khula, though in judicial practice most of these cases fall under tansīkh al'nikāh "judicial annulment". When the court dissolves the marriage without the husband’s consent, it is technically considered tansīkh rather than khula. This distinction carries significant legal and Shariah implications that merit detailed examination. This research, titled "Analytical Study of Family Court Judgments Regarding Khula and Tansīkh al'Nikāh in the Light of Islamic Teachings "A Special Study of Islamabad, 2022–2024," analytically examines family court judgments to determine the extent to which they conform to Islamic jurisprudential principles. The study explores the conceptual, legal, and Shariah foundations of khula and tansīkh al'nikāh, analyzes selected judgments from Islamabad Family Courts between 2022 and 2024, and evaluates the reasoning and outcomes of these cases in light of classical Islamic teachings. The objective of this research is to identify areas of harmony and divergence between judicial practice and Islamic law, to highlight the underlying causes of discrepancies, and to propose practical recommendations for improving the legal and administrative process of marital dissolution in accordance with Shariah principles.