| Case ID |
15c9e337-d93d-47ae-b9c3-f01a8d85e2cc |
| Body |
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| Case Number |
Civil - Appeal No. 83 of 1963 |
| Decision Date |
Oct 12, 1966 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan ruled that under Muhammadan Law, a wife is entitled to seek khula if she can demonstrate to the court that it is impossible for them to live together harmoniously. The court emphasized the necessity of mutual respect and the avoidance of harm in marital relationships. The case highlighted the importance of the rights of women in Islam, affirming that the Qur'an supports the right of women to seek separation when faced with extreme incompatibility. The court's decision reaffirmed the legal framework surrounding khula and the responsibilities of the husband towards his wife, particularly in cases of discord. The ruling resulted in the case being sent back to the trial court to determine the appropriate compensation the wife should provide for her release from the marriage. |
| Summary |
This case revolves around the legal principles governing marriage and divorce under Muhammadan Law, particularly focusing on the doctrine of khula, which allows a woman to seek divorce under Islamic law. The Supreme Court of Pakistan examined the rights of women in the context of marriage and divorce, emphasizing that marriage is a civil contract and not a sacrament. The court ruled that the wife is entitled to khula if she can prove a breakdown in the marriage to the extent that it is impossible to live together. The case references various legal precedents and interpretations of Islamic law, particularly highlighting the importance of mutual respect and the prohibition of harm in marital relationships. The judgment provides clarity on the legal entitlements of women, affirming that they have the right to seek separation and that the courts have the authority to grant such requests based on the principles outlined in the Qur'an. The case serves as a significant interpretation of women's rights in Islamic law, showing a progressive approach to marital disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. Rahman,
Fazleakbar,
Hamoodur Rahman,
Muhammad Yaqub Ali,
S. A. Mahmood
|
| Lawyers |
Ghazanfar Ali Gondal,
S. M. Almas Ali
|
| Petitioners |
Mst. Khurshid Bibi
|
| Respondents |
Baboo Muhammad Amin
|
| Citations |
1967 SLD 19,
1967 PLD 97
|
| Other Citations |
Mst. Balqis Fatima v. Najmul Ikram Qureshi P L D 1959 Lah. 566,
Mst. Umar Bibi v. Muhammad Din I L R (1944) 25 Lah. 542,
Mst. Saeeda Khanum v. Muhammad Sami P L D 1952 Lah. 113
|
| Laws Involved |
Muhammadan Law
|
| Sections |
Fundamental laws of Islam,
Marriage,
Divorce
|