Asian Research Thesis Index

Abstract

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

Add/Update Thesis