Kitabiyyah Mother and Ḥaḍanah of the Muslim Child: Religious and Legal Practices in Pakistan

The article attempts to analyze the religious and legal practices inside Pakistan regarding the issue of the kitabiyyah mother and ḥaḍanah of any Muslim child. The discussion primarily addresses the major issues emphasizing kitabiyyah mother and her relatives’ right to retain the custody of the Muslim child, and duration of ḥaḍanah under the supervision of kitabiyyah mother in shari‘ah and Pakistani Family Laws. Furthermore, it argues that kitabiyyah mother is permitted to raise the Muslim child according to her faith under both Islamic and Pakistani Family Laws. The article is delimited to the opinions of four Sunni schools of thoughts, Statute law, and Case laws. Nonetheless, in-depth comparative analysis has been carried out in most persuasive way to examine the rules related to kitabiyyah mother in custody of Muslim child after divorce under both Islamic Law, and Case Laws in Pakistan. Additionally, the existing similarities and differences consequent to religious differences have also been appropriately figured out to point out plausible way forward to address prevailing schism. Contradictions between the legal practices and Islamic law need keen attention Islamic and legal scholars to carefully craft to harmonize both in the best interest of child.

پاکستانی ناولوں کا ہیئتی، اسلوبیاتی اور ماجرائی مطالعہ 1947: تا 200

0 Present study comprises of following six chapters. First chapter consists of basic study of 'Form, style of novel and MAJRA'. It has been strived to define form, style and MAJRA. This is a foundation stone of present thesis. It determines a specific direction of the light of researchers' opinions. The topic of second chapter is 'Tradition of Urdu Novel in Pre-Partition Era — A Background Study'. In this chapter a number of novels from beginning to partition have been studied in the perspective of form, style and MAJRA. Furthermore, impacts of different literary movements on Urdu novels have also been analyzed. In the third chapter, analytical study of various novels from establishment of Pakistan to 1960 has been presented. Post-partition phase gave birth to circumstances of political upheaval and riots which stirred ideological and structural experiments in Urdu novel. Some renowned novels have been studied generally and 'ESE BULANDEE ESE PASTEE', `NAGRE NAGRE PHERA MUSAFIR', `KHUDA KE BASTE', `KHOON-E-JIGR HONE TAK' AND `AAG KA DAREA' have been specially studied on the basis of form, style and MAJRA. Fourth chapter consists of different novels written from 1960 to 1980. Partition, riots, political disturbance, large scale migration and martial law shattered foundations of entire society. Likewise social and cultural problems also metamorphosed. With the advent of these radical changes, literature as a delicate genre also changed along with bent of mind. These social changes personified in novel in new style, form and plot, thus, a number of novels have been studied specially focusing on form, style and MAJRA. In fifth chapter, selected novels from 1980 to 2000 have been critically analyzed. This era revealed Decca Falls, sectarian conflicts, linguistic and ethnic biases, advancement of media, bloodshed, frustration in youth, deterioration of peace and tranquility, political crises, mutilation of values and such other issues as well as bitter realities of life. All above mentioned facts are evident in topic, form, style and MAJRA. All these features have been studied and analyzed minutely in this chapter. Presently study is concerned with significant novels of 1980s like 'BASTE', `JANAM KUDNLE', `DEWAR KE PEECHE' and `KHUSHEO KA BAGH'. Sixth chapter presents overall analysis of selected novels ranging from partition to 2000 with perspective of form, style and MAJRA. Moreover, logical conclusions and recommendations have been presented.