Introduction about Muslim marriage laws in Pakistan

A Muslim Marriage is a civil contract which can be executed and dissolved like any other contract, however it is automatically dissolved on the death of either spouses. Additionally spouses legal right to dissolve marriage contract is also recognized in Islam and hence both are entitled with a religious rights to dissolve a marriage. 

Husband has an inalienable legal right of divorce by way pronouncement of Talaq on the other hand wife can only exercise the right of divorce if the same is granted to her in her marriage contract or nikkhanama. If in the event the right of divorce is not granted to the wife then she has recourse of filing for khula before the family courts of law to obtain judicial divorce.

It is critically important to note that whether the marriage has been dissolved through talaq or khula, it must be legally recognized failing which serious doubts may arise about the effectiveness of the divorce, such as a case of bigamy or zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr. The paternity of children can also be dispute. Therefore as per Pakistani Law it is vital to obtain dissolution of marriage certificate from concerned government office as a documentary proof of dissolution of marriage. However it is also important to note that as per Islamic scholars, divorce once pronounced by the husband and khula once obtained from the court of law is effective and binding. Visit us for Legal Services www.almeezanlaw.com