Now Follow Applicable Procedure of Khula in Pakistan

Applicable Procedure of Khula in Pakistan:

 If you wish to know the applicable procedure of khula in Pakistan through divorce and khula lawyers in Pakistan, you may contact us. The Full Bench of Lahore High Court decided that the Court could adopt a different course than that prescribed by classical jurists. The Court also opined that: The Holy Qur’an’s interpretation is our concern. We do not have to follow the advice of jurists on this issue of procedure of khula in Pakistan through divorce and khula lawyers in Pakistan.

Interpreting the Quran:

We are responsible for interpreting the Qur’an’s meaning, regardless of the opinions of the jurists. Similar considerations are applicable to the interpretation of the Traditions of the Prophet. [5] This principle was confirmed by the Supreme Court in the Khurshid Bibibi case. It was observed: The opinions of Commentators and Jurists are no different from the reasoning of men in the category of secondary sources in Muslim law. They cannot compare or alter the Qur’anic or Ahadith in authority or weight.

Jurists Conflicts:

If the opinions of the jurists conflict with the Qur’an and the Sunnah, they are not binding on Courts, and it is our duty, as true Muslims, to obey the word of God and the Holy Prophet (ati-Ullah-waati-ur-Rasool).[6] The legislature amended section 10. (4) of 1964’s Family Courts Act to allow the summary dissolution of marital relationships in cases of procedure of khula in Pakistan through divorce and khula lawyers in Pakistan. It required that the Family Court, in a case for dissolution of married life, pass a decree for the dissolution of marriage and also restore the Haq Mehr [dower] of the wife in consideration of marriage at the time of marriage. This was challenged by Saleem Ahmad v The Government of Pakistan[7]. The Court noted: [8] The Court ruled that the impugned law (i.e., S. 10(4)) was not in conflict with any specific injunction in the Holy Qur’an or Sunnah of the Holy Prophet (peace and be upon them).

Divorce & Khula Lawyers in Pakistan:

The courts on the procedure of khula in Pakistan through divorce and khula lawyers in Pakistan can dissolve or resolve any disputes between the parties. They have the power to decide on all matters, even if a marriage is being dissolution for certain reasons. They can decide all types of matters, including the dissolution of marriage, on certain grounds. After considering the arguments, ahadith, and the opinions of jurisprudents, the Court concluded that “there is no verse or authentic Ahadith which bars the exercise by a competent Qazi of jurisdiction to decree the case; against Khula agitated in front of him by a spouse after reconciliation fail.” This bold decision must be appreciated.

Husband Cruelty:

The above section (10(4)) has made it easier for women to obtain Khula. However, on procedure of khula in Pakistan through divorce and khula lawyers in Pakistan still available as an alternative remedy. A woman who is complaining about her husband’s cruelty or non-maintenance of her husband, or any other remedy under DMMA 1939, requests Khula only. Some judges grant Khula in certain cases and ignore all other remedies, which is quite unfortunate. The Superior Courts of Pakistan do not consider themselves to be bound by taqlid. They have, however, used ijtihad[14] to assert three rights.