Potential Issues in Divorce Cases before the UK Courts for Muslim Marriages Solemnized in Pakistan

A Case Study

  • A.Ghouri University of Sussex, United Kingdom.
  • samee uzair PU Law College
Keywords: British-Pakistani Marriages, Talaq, Islamic Family Law, Pakistani Family Law

Abstract

This article analysis, in light of both Islamic law and Pakistani law, several issues arising at the unfortunate event of divorce between Pakistani and UK nationals in cases where the marriage is solemnised in Pakistan, but the couple is residing in the UK. The article is based on a case study which involves several issues related to a certificate of Islamic divorce issued by a UK based arbitration council and a divorce deed signed in Pakistan. Other important issues such as the requirements of a valid divorce in both Islamic law and Pakistani law are also addressed. This study is primarily based on the facts of a single case where the expert opinion was sought by the UK Family Court based on specific facts at issue between two litigants. However, the discussions, analysis and expert opinions rendered in this article provide a useful guidance for other similar cases involving British-Pakistani marriage or divorce between Muslim spouses.

References

Muslim Family Laws Ordinance (No VIII of 1961).
See, http://www.shareecouncil.org/index.php/about-us.
See, http://www.shareecouncil.org/index.php/divorce-procedure.
Please also see my opinion on this matter in Part 3 below.
Muslim Family Laws Ordinance (VIII of 1961).
Mst Almas Mughal v. Abdul Sattar, 2016 Civil Law Case Notes 119.
John L. Esposito with Natana J. DeLong-Bas, Women in Muslim Family Law (2nded, Syracuse University Press 2001) 30–31.
This principle was affirmed by many cases decided by Pakistani Courts and more recently by the Lahore High Court in Mst Sana Asim Hafeez v Administrator/Chairman Arbitration and Conciliation Court, 2016 Monthly Law Digest 1061.
Mst Almas Mughal v. Abdul Sattar, 2016 Civil Law Case Notes 119.
Mst Sana Asim Hafeez v Administrator/Chairman Arbitration and Conciliation Court, 2016 Monthly Law Digest 1061.
Mst Almas Mughal v. Abdul Sattar, 2016 Civil Law Case Notes 119.
Published
2021-03-28