The Pakistani Law Of Marriage From Islamic Perspective: A Comparative Study

Abstract

This study is an analytical learning of data taken from the books, articles, websites, and few case studies. As per the constitution of Pakistan, it states that the present laws and the future laws initiated in Pakistan do not conflict with the Islamic laws. The fact is that there are many laws which are not in parallel with Islamic laws. The measures taken by the Pakistani government in the history to Islamize the laws of Pakistan are of great consideration. While the differences occur in the marriage laws of Pakistan from Islamic laws are also worthy to analyze. This helps to develop the confidence on the laws of Islam and how these laws are beneficial for its followers. The present study is done on the basis of the favors given by Islamic law to men and women. The writing aims to find out the status of Pakistani law of Marriage under the Islamic Law of Marriage. For this, a comparative analysis of both laws is done to find out the similarities and differences between them. The study also aims to analyze the extent to which Islamic laws of Marriage are implemented in Pakistan. By highlighting the similarities and differences between the marriage laws of Islam and that of Pakistan, it is quite easy to analyze the standing of Pakistani law under the Islamic law. Moreover, to explore whether the state’s law supports or violates the rights of a specific gender or not, it is hypothesized that the Pakistani laws of marriage is based on gender discrimination. For the purpose of testing this hypothesis the analysis has done in two aspects: one by evaluating the actual laws present in law books in theoretical form and secondly by the practical implementation of these laws in the forms of few case studies. To achieve the objectives of this study, the analytical study has been done on the law of marriage of Pakistan and the law of marriage of Islam. The method of research is Qualitative, primarily in the form of an in-depth comparative qualitative analysis of the secondary data taken from marriage laws of Pakistan, from the law books and the Islamic law, from the sharia law books. The sharia law has been taken as frame of reference to analyze the standing of Pakistan’s law of marriage to it. A critical study has been done on the laws of Pakistan related to marriage and the case studies related to marital issues. This helps in finding out that the position of Pakistani law of marriage is not completely consistent with the Islamic laws. The Pakistani law of marriage contains many laws which are different from the Islamic laws. Moreover, the history of formation of Pakistani law highlights the efforts done mostly to modernize the law instead of Islamizing them. Furthermore, a critical analysis of the laws of marriage of Pakistan gives the result that the laws are formed in favor of specific gender. The laws seem to be in benefit of women for the reason of protecting their rights and empowering them.