Considerations To Know About khula
Considerations To Know About khula
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Ruled by classical Hanafi legislation, even though influence of customized is powerful; in Abdul Waheed v. Asma Jehangir (PLD 1997 Lah 331), court confirmed that, beneath recent regulation, adult Hanafi Muslim woman can deal herself in marriage with out wal’s consent as necessary prerequisite for validity of deal is the woman’s consent and not the wali’s.
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Once more, various sectors of the ulama regarded this as unjustified interference or tampering Together with the classical law. When the primary Structure of Pakistan was at last promulgated in 1956, it provided a provision that arrived being generally known as the repugnancy clause. This clause stated that no law repugnant to Islamic injunctions could well be enacted and that all present guidelines might be deemed in gentle of this provision, in order to institute acceptable amendments. This repugnancy provision has long been retained and actually strengthened within the succeeding Constitutions.
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