Understand the System of Child Custody in Pakistan
- lawyerinlahore
- Aug 21, 2023
- 3 min read
System of Child Custody in Pakistan after Khula:
If you wish to know the system of child custody in Pakistan after khula or divorce procedure in Pakistan, you may contact Advocate Jamila Ali. Each of the members of this commission was an important person in Pakistani legal as well as religious and civil society circles at the time. The first president of the committee, Khalifa Shuja`-ul-Din, passed in the middle of the commission's initial meeting. Enayat-urRehman came originally from East Pakistan (currently Pakistan) and was the only one to receive the final report.
The Commission was tasked with Three Duties: Answer to the question:
Do current laws that govern divorce, child custody in Pakistan after khula or divorce procedure in Pakistan, marriage, etc., require changes to allow women to have a proper place in the law according to Islam? Report on the creation of special courts to hear cases that impact women's rights. The report outlines the right to divorce by the court system or other legal means. In the course of their work, the commission also included the revision of the procedural laws that fall in their scope because modifications to family statutes and the establishment of new courts can only be accomplished in conjunction with the authority to change the manner in which these cases were argued and adjudicated.
Final Report:
The commission's final report, released in June, recommended different reforms to the current laws that govern divorce, child custody in Pakistan after khula or divorce procedure in Pakistan marriage as well as the distribution of inheritance for orphaned grandchildren. In the report's introduction, it stated that their suggestions are "in complete conformity with the principles of Islam as enunciated in the Holy Qur'an and Sunna" and expressed the hope that their suggestions will "usher an era of domestic happiness.
Divorce procedure in Pakistan:
Furthermore, the report on child custody in Pakistan after khula or divorce procedure in Pakistan aimed its ire at the current legal system, claiming that it was an infringement of Anglo-Muhammadan Law which was "conservative, rigid and in many respect [sic] undefined" and said that with the establishment of the state of Pakistan, it is essential to change the way in which people live their lives and Muslims and their laws in accordance with the basic principles of Islam.
ijtihad in the country:
The report relied on Iqbal as its basis by citing an excerpt from Iqbal's The Reconstruction of Religious Thought, where Iqbal advocated for the reopening of doors to ijtihad in the country and urged the state's lawmakers on child custody in Pakistan after khula or divorce procedure in Pakistan to have full authority in the lawmaking process.
Divorce Sought by the Wife:
In relation to the topics relevant to this research, the report of the commission addressed two issues that were categorized under "Divorce Sought by the Wife" and "Dissolution of Marriage by Court," offering its recommendations via a questionnaire that was later released to the general public.
The first heading included: DMMA satisfactory
Do you consider the rules of the DMMA satisfactory or child custody in Pakistan after khula or divorce procedure in Pakistan? Or would you like to expand or modify them in any particular way? Would you be able to embody the Khula type of Talaq in a legal or other law in order to render it secure and exact? The Commission answered negatively to the first question. While responding to the second query, they recommended to the second question that "supplementary legislation may be undertaken to make the Khula form of talaq more certain and precise."
Click Here: Khula Ki Iddat
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