Potential issues in divorce cases before the UK courts for Muslim marriages solemnised in Pakistan: a case study

Ghouri, Ahmad and Khan, Samee Ozair (2021) Potential issues in divorce cases before the UK courts for Muslim marriages solemnised in Pakistan: a case study. Al-Azwa, 35 (54). pp. 91-103. ISSN 2415-0444

[img] PDF - Published Version
Download (1MB)

Abstract

This article analyses, in light of Islamic law and Pakistani law, several issues arising at the unfortunate event of divorce between Pakistani and UK nationals in cases where the marriage is solemnised in Pakistan, but the couple is residing in the UK. The article is based on a case study that involved several issues related to a certificate of Islamic divorce issued by a UK based arbitration council and a divorce deed signed in Pakistan. Other important issues such as the requirements of a valid divorce in both Islamic law and Pakistani law are also addressed. This study is primarily based on the facts of a single case where the UK Family Court sought an expert opinion based on specific facts at issue between two litigants. However, the discussions, analysis and expert opinions rendered in this article provide useful guidance for other similar cases involving British-Pakistani marriage or divorce between Muslim spouses.

Item Type: Article
Keywords: British-Pakistani Marriages, Talaq, Islamic Family Law, Pakistani Family Law
Schools and Departments: School of Law, Politics and Sociology > Law
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 01 Nov 2021 13:38
Last Modified: 30 Nov 2021 17:27
URI: http://sro.sussex.ac.uk/id/eprint/102622

View download statistics for this item

📧 Request an update