An Analytical Study of Case Law of Diseases and Defects in the Spouses as a Valid Ground for Separation
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ID: 311058
2019
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Abstract
In Islam, family has a great importance, and it is a basic unit in Islamic social structure for the lawful satisfaction of the passion based on love and cooperation. Marriage contract is considered a civil contract which can be dissolved like all the other contracts. Although a husband is given the right to divorce, but the wife is also given the right to ask for separation. This Article provides an analytical study about the right of the spouses according to Islamic perspective to get separation on the ground of disease or defect, as well as practices in the courts regarding divorce. The method of case study about diseases and defects is adopted in order to know the practice in the court, and 05 decided cases of Pakistani courts have been taken to analyze the issue. The Quantitative research method is also adopted to know the causes of having no case law on the said issue. A survey in the form of interviews consisting of 4 Questions (in the form of Questionnaire) was conducted on the issues to highlight the difficulties as to why most of the cases under the said issues are not filed. For the survey, samples were taken from 4 most senior Practicing Lawyers of Rawalpindi High court and 1 senior lawyer of Supreme Court Islamabad.
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| Authors | Farkhanda Zia |
| Journal | Pakistan Journal of Islamic Research |
| Year | 2019 |
| DOI |
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| Keywords | Keywords not found |
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