SOAS Research Online

Abstract

The importance of Islamic law in the legal system of the Indian sub-continent in beyond dispute. The purpose of this thesis is to review the developments which have taken place in that law since independence and partition in 1947, in the light of both statute and case-law. Chapter one is introductory and deals briefly with the development of Islamic law up to partition. Chapter two discusses the conclusion of the contract of marriage and its proof, stipulations in marriage contracts and irregular contracts; chapter three is concerned with the law relating to child marriages and polygamous marriages; chapter four deals with the two main incidents of the marriage contract - dower and maintenance. Chapter five discusses the husband's power to unilaterally terminate the marriage by exercise of his right of talaq. Problems of delegated talaq whereby the husband grants the wife the right to end the marriage are also discussed. Chapters six, seven, eight and nine are concerned with judicial dissolution of the marriage at the instance of the wife. Chapter six discusses the changes introduced into the traditional law by the Dissolution of Muslirm Marriages Act 1959 as amended in Pakistan by the Family Laws Ordinance 1964. The West Pakistan Family Courts Act 1964 which established special courts to deal with inter alia suits for the dissolution of marriages is then reviewed. The chapter then deals with divorce on the grounds of the husband's failure to maintain in accordance with the provisions of S.2 (ii) of the 1939 Act. Chapter seven is concerned with the law relating to the exercise of the option of puberty. Chapter eight discusses suits for the dissolution of marriage brought under Section 2 clause (i), (iii), (iv), (v), (vi), (viii) and (ix). Chapter nine reviews recent judicial reform in Pakistan in the law relating to khul'. Chapter ten discusses the important problem of internal conflict of laws in India and Pakistan.