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Home > Development of Khul‘ law: Legal, judicial and interpretive trends in Pakistan

Development of Khul‘ law: Legal, judicial and interpretive trends in Pakistan

Thesis Info

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Author

Muhammad Ahmad Munir

Supervisor

Mohamad Khan

Program

PhD

Institute

McGill University

Institute Type

Public

City

Islamabad

Country

Pakistan

Degree End Year

2020

Thesis Completion Status

Completed

Subject

Islamic Studies

Language

English

Link

https://escholarship.mcgill.ca/concern/theses/pc289p330

Added

2021-02-17 19:49:13

Modified

2024-03-24 20:25:49

ARI ID

1676729578088

Similar


his dissertation analyzes the concept of khul‘ in Pakistan and its impact on contemporary religious debates in the country. Combining the multiple fields of Islamic legal thought, historical analysis, and contemporary court cases, the dissertation tracks the development of khul‘ from its beginnings to its integration into the Pakistani legal system through the methods of neo-ijtihād by the judiciary. Additionally, the dissertation focuses on the diverse reactions of the ‘ulamā’ to the judges, and in particular the response by the Deobandi Mufti Taqi Usmani, to show the religious dilemma faced by Pakistani Muslim women, with their court-obtained khul‘ orders not accepted as in accordance with the sharī‘a. Ultimately, this dissertation argues that there is a need for wider collaboration and coordination between Pakistani ‘ulamā’, the judiciary and legislature to carefully apply alternative methods of interpretation within Islamic law, solving the dilemma created by the contradictory approach to khul‘ and ensuring both the preservation of women’s rights and sharī‘a legitimacy
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