Contribution of the Lahore High Court in the Development of Islamic Family Law in Pakistan

Abstract

This article systematically presents the role of the Lahore High Court (LHC) in developing Islamic family law in Pakistan. The LHC was established one hundred and fifty years ago and has contributed significantly in this area of law. The gender sensitive and children friendly approach of the LHC in the domain of family law is evident by its numerous decisions. This approach on the one hand is inspired and informed by the ethos and spirit of Islamic dictates and on the other, by the day-to-day realities of the socio-economic condition of women and children in the institution of marriage. The court has attempted to keep the rights of these marginalized segments in sight and protect them instead of toeing precedents in a straitjacketed/mechanical manner. The fluid milieu of difference of opinions among scholars in Islamic legal texts (fiqh) has been innovatively employed so as to put it in service of women and children. The same approach is also demonstrated through the progressive construction of statutes.

Keywords: Lahore High Court; Islamic Family Law; Pakistan; Marriage; Dower; Divorce