DELEGATION OF THE RIGHT OF DIVORCE AND ITS REVOCATION IN ISLAMIC AND PAKISTANI LAW: A COMPARATIVE STUDY

Islamic Sciences

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Field Value
 
Title DELEGATION OF THE RIGHT OF DIVORCE AND ITS REVOCATION IN ISLAMIC AND PAKISTANI LAW: A COMPARATIVE STUDY
 
Creator Ihsanullah Chishti, Ayesha Snober
 
Subject Delegation, Divorce, Family Law, Revocation
 
Description Delegation of divorce and its revocation is an important issue in the discipline of Muslim family law, which especially highlighted by Muslim scholars in Pakistan after the legislation of Muslim Family Law Ordinance 1961 in this regard. Actually, the legality of the issue in the classical Muslim jurisprudence is not questionable due to its institution by the legal texts of the Holy Quran and Sunnah. But the Muslim scholars distinguish between pre- and post-contract delegation of right of divorce to the wife. As for as concerned the Pakistani Muslim family Law ordinance 1961, which legalized that right to divorce may be delegated to wife at all. We have tried to study in this article the real status of the issue in the light of Quran and Sunnah and opinions of the early Muslim Jurists in this regard. This study is based on the comparison between the practically applied law in Pakistan and legitimate position of the said case in Islamic Law.
 
Publisher Society for Social Sciences and Research Association
 
Date 2021-06-30
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
Peer-reviewed Article
 
Format application/pdf
 
Identifier http://islamicsciences.org/index.php/islsci/article/view/54
10.52337/islsci.v4i1.54
 
Source Islamic Sciences; Vol. 4 No. 1 (2021): Islamic Sciences
2707-7470
2617-9075
10.52337/islsci.v4i1
 
Language eng
 
Relation http://islamicsciences.org/index.php/islsci/article/view/54/37
 
Rights Copyright (c) 2021 Islamic Sciences
 

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