Divorce and Khula: A Comparative Study of Prevailing Family Laws in Pakistan and Malaysia
Hafiz Falak Shair Faizi, Khadher Ahmad,
Mohd Norhusairi Bin Mat Hussin, Mahamatayuding Samah
This study provides a comprehensive comparative analysis of the family laws governing divorce and khula in Pakistan and Malaysia, two Muslim-majority countries with distinct legal frameworks influenced by their unique socio-cultural and religious contexts. The research aims to identify the similarities and differences in the legislative processes, judicial interpretations, and practical applications of divorce and khula laws in both countries. Methodologically, the study employs a qualitative approach, utilizing doctrinal legal analysis, case law examination, and semi-structured interviews with legal experts, scholars, and practitioners. Findings reveal that while both countries adhere to Islamic principles in family law, significant variations exist in the procedural requirements, grounds for divorce, and the rights afforded to women seeking khula. The study highlights the impact of these differences on the ease of access to divorce and khula for women, and the broader implications for gender equality and women's rights within the Islamic legal framework. This comparative analysis underscores the need for continuous legal reforms to address the challenges faced by women in accessing their marital rights, contributing to the ongoing discourse on gender justice in Islamic family law.
Keywords: Divorce, Khula, Family law, Pakistan, Malaysia, Comparative study, Islamic law
