By: Muhammad Huzaifa
The growing trend of unislamic speedy khula proceedings followed by western English law in Pakistan’s family courts has raised serious concerns about the future of the country’s traditional family system and the extent to which contemporary judicial procedures reflect the principles of Islamic family law.
Pakistan is an Islamic Republic, and its laws governing marriage, divorce and khula should be examined in the light of the Qur’an, Sunnah and established principles of Islamic jurisprudence not through English law.
The Qur’an provides important guidance concerning marital separation in Surah Al-Baqarah, verses 228–230. These verses establish a framework in which divorce is not treated as a casual or consequence-free process, but as a serious matter involving waiting periods, reconciliation, rights and responsibilities, and restrictions designed to prevent arbitrary termination of marriage.
Particularly relevant is verse 229, which discusses the possibility of separation where the spouses fear that they cannot maintain the limits prescribed by Allah. This Qur’anic framework demonstrates that the dissolution of marriage requires serious consideration of the circumstances and the rights of both parties.
The Islamic concept of khula also has an important basis in the well-known case of the wife of Thabit ibn Qays during the lifetime of the Prophet Muhammad ﷺ. The case involved the wife seeking separation and the return of the garden that her husband had given her as mahr. This Prophetic precedent is frequently cited by Islamic jurists when discussing the principles of khula. Unfortunately in our family court English law even in khula Haq mehr needs to be returned which is unislamic and being done in Islamic republic.
This raises a fundamental question for Pakistan’s legal system: Are contemporary family-court procedures giving sufficient consideration to the Islamic principles governing khula, reconciliation and mahr?
Critics argue that in some cases the process has become excessively procedural and rapid, with insufficient opportunity for meaningful reconciliation between the spouses. If a marriage can be dissolved through a process that does not adequately examine the circumstances, attempt reconciliation or address the applicable Islamic principles concerning mahr, serious questions about family-law reform naturally arise.
The role of the qazi in Islamic jurisprudence also deserves careful scholarly examination. A qazi historically exercised judicial authority to resolve disputes and enforce rights; however, the precise circumstances in which a judicial authority may order or effect separation are matters addressed differently across the schools of Islamic jurisprudence. Therefore, contemporary courts should not simply assume that every judicial dissolution corresponds automatically to the classical Islamic concept of khula.
The central concern should be the preservation of the family without compromising justice.
Islam does not instruct society to preserve every marriage regardless of circumstances. Where genuine abuse, oppression, severe incompatibility or an irreparable breakdown exists, Islamic law provides mechanisms for relief. At the same time, marriage is a serious covenant, and its dissolution should not become an unnecessarily easy or routine administrative process.
Pakistan therefore needs a comprehensive review of its family-court procedures. Before a marriage is dissolved, there should be meaningful opportunities for reconciliation, involvement of responsible family representatives, qualified mediation and, where appropriate, guidance from competent Islamic scholars and family-law experts.
The question of mahr must also receive proper attention. Where khula is granted under the applicable Islamic principles, the financial consequences and the issue of returning mahr should be determined according to Islamic system.
The rapid weakening of the family institution should concern policymakers, religious scholars, judges and society alike. Children are often the most affected by marital breakdown, while the wider consequences can include emotional, social and economic difficulties for families.
Pakistan should not blindly import western social or legal models that are inconsistent with its Islamic and cultural foundations. Instead, the country should develop a balanced family-justice system rooted in justice, Islamic principles, reconciliation and protection of individual rights.
The debate over family courts should therefore not be reduced to whether khula should exist. The real question is whether the procedure through which marriages are dissolved are according to Qur’an.
For an Islamic Republic, this is a question that deserves serious national debate.
The family is the foundation of society. If the institution of marriage is weakened by unnecessarily speedy dissolution, unislamic khula, Pakistan will ultimately pay a social price far greater than any individual court case. Islamic principles should therefore guide family-law reform, ensuring that reconciliation is genuinely attempted, rights are protected, and marriage is treated with the seriousness that the Qur’an and Sunnah demand. Unislamic khula (Judicial divorce) be stopped and for khula and Haq mehr issues Islam should be followed rather than western law system.
