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Discuss Child Custody in Pakistan after Khula Issue By Lawyer

  • lawyerinlahore
  • Aug 21, 2023
  • 3 min read

Discuss Child Custody in Pakistan after Khula:

If you wish to discuss child custody in Pakistan after khula or divorce procedure in Pakistan, you may contact Advocate Jamila Ali. Another question in the second section seeking to determine the grounds for Khula talaq Commission advised that incompatibility of the temperament shouldn't give the wife the right to request a divorce unless it is in the Khula form. There was not a universal agreement to the commission's final report as Ehtishamul Haq, the only traditionally-trained jurist amongst the group, wrote a detailed opposition to the new law on child custody in Pakistan after khula or divorce procedure in Pakistan and particularly criticized the issuance of the public questionnaire, arguing that it was not their position to answer to matters of Islamic jurisprudence.


Islamic tradition:

Furthermore, he was against the way the committee represented its interpretation of the Islamic tradition, starting with the interpretations and translations that were made of the Qur'an and the Hadith in insisting that they were modified by other members to meet the needs of the commission.


Discussion of jurists:

When it came to the discussion of jurists, the commission, according to Ehtishamul Haq's view, concentrated on the smallest points of disagreement in order to demonstrate that the jurists of the classical period on child custody in Pakistan after khula or divorce procedure in Pakistan differed over issues on which there was the widespread consensus. In his opinion, in order to draw attention to differences among jurists in order in order to justify its divergent conclusions.


Definition of ijtihad:

Additionally, Ehtishamul Haq was opposed to"the "new definition" of the term ijtihad adopted by the commission, saying that it differed from conventional interpretation methods and therefore was invalid.


Divorce Procedure in Pakistan:

In addition to child custody in Pakistan after khula or divorce procedure in Pakistan, groups of liberals within Pakistan that opposed being averse to the religious nature of the report of the commission and its traditionalist tenets criticized the report for being too conservative and not taking more decisive steps toward reforming the country's family law. The report of the commission attempted to calm this resentment by stating, "If the proposed reforms through the Commission are accepted by the liberal and educated portion of the public and get legislative approval on child custody in Pakistan after khula or divorce procedure in Pakistan, they will make a significant contribution to the process of rebuilding that is demanded by everyone who isn't shackled by traditions or blinded by the sheer authority.


Marriage and Family law:

The debate over the composition and the results from the Commission on Marriage and Family Laws led to the fact that the legal changes they demanded were not implemented until five years afterward within the Muslim Family Laws Ordinance (MFLO). According to the MFLO, the spouse (or wives) could apply for an official certificate stating the amount of (or fair in the case there is more than one spouse) support to be paid out by the husband. Even though the MFLO on child custody in Pakistan after khula or divorce procedure in Pakistan made significant efforts to establish an independent court in family matters, the cases were still determined according to an earlier system of pre-partition.


Special Court:

The commission's second series of judicial modifications, or the setting up of special courts that address family disputes, won't be put into effect until the West Pakistan Family Courts Act (FCA).


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