Recent debates on wife’s right to judicial separation: an analysis of the traditional and modern interpretations of Muslim family laws in Pakistan

According to the traditional mainstream interpretation of Muslim jurists including the Ḥanafī ‘ulamā’ of the Indo-Pak subcontinent, khul ‘-divorce can take effect for certain reasons, but the husband’s consent is always necessary in each case. Otherwise, it is illegitimate for the judiciary to decide the separation between the husband and his wife. This has created a difficult situation for women, particularly for those who have married new husbands after obtaining the khul ‘ divorce through the courts. The Ahl-i Ḥadīth school of thought has played a decisive role in issuing the fatwās in favour of the wife-initiated divorce because they are of the view that the courts are authorized in such cases to grant a judicial khul ‘ or dissolve the marriage of an unwilling wife even without the consent of her husband. This paper examines how the Ahl-i Ḥadīth ‘ulamā’ are granting the courts and the judicial law-making process the required religious legitimacy.