Analysis and application of Islamic marriage laws in Pakistan.

Abstract

Muslim marriage is not a mere sacrament but also a civil contract. Islamic law provides complete guide on every issue regarding marriage. Family is the basic unit of a society and family continues through marriage. To regulate the family system in the society, Pakistan being an Islamic state has made Muslim marriage laws to regulate and the constitution of Pakistan provides that no law shall be repugnant to the Islamic injunctions. There exists ambiguity amongst general public that whether the Muslim marriage laws are in accordance with Islam and provisions of the Constitution of Pakistan. Muslim marriage laws in Pakistan are to provide general structure with guidelines to regulate Muslim marriage. These laws are based on different juristic opinions of Islamic jurisprudence and majority of principles are derived from Hanfi laws as majority in Pakistan follows Hanfi school of thought. There are certain restrictions and additional requirements of law in addition to requirements of Islamic law which needs to be fulfilled to enable the state to regulate marriage. The Muslim marriage laws are neither in conflict with Islamic injunctions nor with the provisions of Constitution of Pakistan, however, the procedure of Talaq under Dissolution of Muslim Marriages Act, 1939 is in conflict with the Islamic injuctions.