A Muslim woman’s right to a Khulʿ in Pakistan: marital relief or marital pain?

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Qadri, Ghazala Hassan (2017). A Muslim woman’s right to a Khulʿ in Pakistan: marital relief or marital pain? University of Birmingham. Ph.D.

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Abstract

This study examines the female-initiated divorce right of khulʿ in Ḥanafī jurisprudence and its practical implementation in Pakistan. Previous research presents Ḥanafī jurisprudence as only allowing a khulʿ with the consent of the husband coupled with a financial liability placed upon the wife. This thesis argues that there has been a fundamental misunderstanding of the khulʿ under Ḥanafī fiqh, which is capable of providing divorce rights to women without the husband’s consent and financial recompense. This research also illustrates the judicial activism exhibited by the Pakistani courts, which has created a no-fault khulʿ surpassing existing statutory provisions. To date, there have been no studies on the efficacy of these developments, so this research assesses the extent to which these new liberal divorce laws have filtered down into Pakistani society. Through qualitative interviews and observations, this study examines married Muslim women’s perceptions of the khulʿ and the obstacles that female litigants face whilst trying to utilise the khulʿ in the Lahore courts. The findings reveal that whilst the khulʿ has empowered some women within the marital domain, religious and cultural norms coupled with practical problems within the courts have curtailed the potential of the khulʿ as a liberating tool in marriage.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

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