After the division of Pakistan in 1947, the Islamic family law has begun to regulate marriage and divorce under British rule introduced to rule until 1961, when the government of Pakistan has adopted the Muslim Family Law Rules (MFLO) the divorce in this country to adjust.
The Constitution of Pakistan has demanded that all laws be brought in line with the Koran and the Sunna, which provides the acts and sayings of Muhammad, the prophet of Islam. Chapter 3A representsFederal Shariat Court of the Republic. The law of marriage and divorce is governed by the rules of Islamic Sharia.
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The law requires the age of marriage for men and 18 women of 16 years, there are penalties for minor public attention, even if under the age of marriage in Pakistan remain valid regardless of the age limit. Protection that matter, the law requires the application of the Hanafi school of jurisprudence that a woman without a marriage contract inConsent of her guardian (Wali).
The law requires compulsory registration of marriage, failure to register, but does not invalidate the marriage. Legal restrictions on polygamy by the husband filed after his marriage to the permission of the Local Council of the Union and the relationship of wife / women to register. The President of the Union Council, a court shall determine the Council with representatives of both man and woman / woman in order to determine the need fora marriage proposal. The law requires that the application must indicate whether the man obtained the consent of the existing wife or wives. Violation of these rules shall be subject to fine and imprisonment / o man is obliged to ask for immediate payment "mahr," to make the existing wife or wives. However, if the man does not receive permission from the existing wife / female marriage remains valid for the next, regardless of the provisions contained in the law, ie, due to the rulesIslamic Sharia law is better than any other law in Islamic countries.
Under the rules of Islamic divorce in Pakistan, a husband may divorce his wife unilaterally, at any time, any place and without any obligation to state a reason for divorce. After the man gives his statement divorce: "I deny you" three times (triple talaq), the law provides that the husband gives written notice to the President of the Council. The President has a copy of the notice of the divorce(Talaq) to the woman. Failure to comply with these rules is punishable by imprisonment and / or a fine. The law requires that within thirty days of receiving notice of the divorce, the President of the Council of the need to establish a board of arbitration to take steps towards reconciliation between husband and wife. If conciliation fails, the divorce takes effect after the expiration date was 90 days from the date on which notice of rejection, first delivered to thePresident. If the woman is found to be pregnant during the period after the announcement of the divorce, the divorce will not take effect until 90 days have elapsed or the end of pregnancy, whichever is later. Since 1980, and in view of the pressure of the scholars of Islamic sharia, is the practice of the courts in Pakistan, which have a validation of unilateral divorce by the husband (triple talaq) and say "I deny you" three times, despite a failure to communicate the EU Council, which isIslamic Sharia law because it allows a man to divorce his wife at will and without any provision for the registration of divorce.
U.S. State family courts do not apply the Islamic law of Sharia law for violation of the Establishment clause defined in the U.S. Constitution. However, state courts to recognize judgments of divorce in Pakistan, based on a theory of private international law as "comity" made known. Such recognition does not create an obligation on state courts are not bound by decisionsa foreign divorce in Pakistan. The doctrine of comity is generated when the husband is legally in the United States, he traveled to Pakistan to obtain an Islamic divorce decree by a court of this country, obtained a divorce simply by specifying only three times: "I deny you," or "I I have my wife to divorce ", in the presence of two male witnesses or one male and two female witnesses, the deferred" mahr, "pay records of his divorce in Pakistan, the authentication of documents through appropriate channels,travels back to the United States, serving his wife with divorce papers, and then try the recognition and enforcement of divorce by a Pakistani state court.
The recognition of the divorce decree of a court of Pakistan Islamic state in the United States on the basis of "comity" is not mandatory. State courts may refuse recognition and subsequent execution, if the judge finds that the Pakistani law "repugnant" to a principle of U.S. law. Generally recognized foreign divorce decreesthe basis of "comity", that is, if the evidence sufficient shares, the service process, and generally receive offers, one of the parties is domiciled in the foreign country at the time of divorce, and the foreign court has given both the opportunities shares to present their case, and the study was conducted in an orderly process, after due citation or voluntary appearance of the accused and in the context of a system of jurisprudence likely to secure the impartial administration of justice betweencitizens of their country and those of other countries, and no prejudice against either party and should not be against a strong principle of U.S. law.
An Islamic divorce in Pakistan is very different in terms of division of property and the provision "Mahr". Under Pakistan's Islamic right to divorce women, the latent "Mahr" is that in most cases much less than what a court which were granted to women in the United States have the right. State courts can not recognize, a PakistaniDivorce decree, if the divorce case on the basis of "repugnant" on "Public Policy".
Disclaimer: While every effort has been made to ensure the accuracy of this release is not intended as legal advice to offer different and each situation should be discussed with an expert and / or lawyer. For specific technical or legal information provided and related topics, please contact the author.
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Pakistan Muslim divorce in the courts of the United States
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