Divorce is the most unlikable act in Islam but despite being an Islamic society, our society presents an increasing trend of divorces in Pakistan. According to Gilani Research Foundation Survey for 2020, 58% of Pakistanis opined that the divorce rate has increased in the country. There are many reasons behind such a trend, ranging from domestic abuse to possessing different perceptions about life. No matter, whoever initiates divorce proceedings, commonly a woman is blamed, especially if she is educated and a professional in the patriarchal society of Pakistan. Erroneously, male chauvinists regard such women not only the admirers of western ethos but also as a threat to our practices and traditions.

Moreover, as per the media sources, for a single month of January 2021, in Rawalpindi alone, the family court issued 11 notices of Khula, while in 74 cases husbands filed for divorce. These statistics notion that the main contender of filling a divorce are still husbands, which in many cases are “unilateral” in nature. It may be because of the fact that not only families but the society, as well reassure a man that for him, it is easy to remarry as compared to a divorced woman. Secondly, the families and friends at times play a significant role in fanning the differences between the couples. In the majority of cases, the spoilers are on the male side. 

In such a socio-cultural paradigm, no matter how unreasonable the cause of divorce is, often a husband takes this one-sided step. This is despite the fact that, while contracting a marriage, the permission of a woman is required, but in case of a split, this is no more a norm.

Through the 1961 Muslim Family Law Ordinance (MFLO), divorce matters are streamlined via two main developments. First, Arbitration Council was constituted to mediate between the estranged partners. Nevertheless, its insignificant success rate, primarily because of its non-binding authority, hardly contributes to minimizing the divorce rate. People often ignore such notices, considering it a psychological and emotional awkwardness.

Thus, the role of Ulemas is significant, who could sanitize the seriousness of such actions. Second, after hearing both parties, the Arbitration Council should be a binding authority, while finalizing divorces. Third, social training should be started. The only legal and religious step which could minimize this trend is a realistic ‘Haq Mehr’ as it is prescribed in Surah al-Nisa, which could provide women at least financial security, in case of a breakup instead of becoming a vehicle of hate and anger.

INSAF BROHI,

Hyderabad.