INTERPRETING THE LAW ON ABSOLUTE DELEGATED DIVORCE

AN EXERCISE IN COMPARATIVE JURISPRUDENCE

Abstract

The article analyzes a fictitious case for extracting the rules of Islamic law about delegated divorce and how these rules may have changed their meaning and scope in the particular context of the legal system of Pakistan after the promulgation of the Muslim Family Laws Ordinance, 1961 (MFLO). It addresses questions such as: what is the effect of delegation of divorce in absolute terms? Does it signify multiple repudiations or only one? Does it remain effective after the end of the session of delegation? Can the delegated right of divorce be withdrawn? How MFLO changed these rules? How the entry in Column 18 of the Nikahnama should be interpreted? The article emphasizes that the muftis and judges need to appreciate the significance of the drastic changes that MFLO has brought in the nature of absolute delegation