FAITH, LAW, AND GENDER JUSTICE: RETHINKING DIVORCE LAW IN PAKISTAN

Abstract

This paper critically examines the law of divorce in Pakistan, particularly the provisions of the Muslim Family Laws Ordinance, 1961, through the dual lens of Islamic conformity and women’s welfare. While the law was enacted with the stated aim of protecting women and modernizing family law, it has, in practice, deviated from the injunctions of Islam as mandated by Article 227 of the Constitution of Pakistan. Moreover, instead of safeguarding women’s rights, its procedural complexities have often resulted in greater hardship and uncertainty for women in the case of dissolution of marriage by divorce. The paper traces the historical development of the law, evaluates its underlying philosophy, and exposes its inconsistencies with both Islamic jurisprudence and the objectives of social justice. It concludes that aligning the divorce law with Islamic principles would not only ensure constitutional compliance but also provide genuine protection and dignity to women in marital disputes