Judicial Law-Making: An Analysis of Case Law on Khul‘ in Pakistan

Abstract

This work analyses case law regarding khul‘ in Pakistan. It is argued that
Balqis Fatima and Khurshid Bibi cases are the best examples of judicial lawmaking for protecting the rights of women in the domain of personal law in Pakistan. The Courts have established that when the husband is the cause of marital discord, then he should not be given any compensation; and that the mere filing of a suit for khul‘ by the wife means that hatred and aversion have reached a degree sufficient for courts to grant her the separation she is seeking by resorting to her right of khul‘. The new interpretation of section 10(4) of the West Pakistan Family Courts Act, 1964 by Courts in Pakistan is highly commendable.