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Let us know about the validity of annulment of marriages done by family courts in Pakistan

Answered as per Hanafi Fiqh by Askimam.org

Kindly refer to Fatwar No.13854 in which you stated that you are not aware of the procedure adopted for annulment in Pakistan Court, I would like to explain to you in the following lines:

When a case is filed. the court issues notice to the respondent for response.  The response is filed by the respondent or his attorney in the court and then court issues notices to both parties to come in the court.  Then the court starts the proceedings and witnesses etc are examined and crossed checked.  After all this lengthy procedure, the court either tries to compromise between both parties i.e. husband and wife or otherwise issues decree to annul the marriage and in this way marriage is considered as annuled and then either party has the right to appeal against that decision in the superior court.  Generally decrees issued by the court are not contested in the superior court as both parties do not want to continue the process.(same procedure was adopted in my case also)

Under the circumstances explained above, I would like to request your esteemed Organization to look into this and if required also get information from Justice Taqi Usmani or any other renowened scholar in Pakistan also on this and let us know about the validity of annulment of marriages done by family courts in Pakistan.  This will be a great help to Pakistani people to clear this dialama as it will be a great Swab for you and your Organization who is doing so well for muslim population in the world.  Thanks and awaiting for your prompt response in this regards.  Best regards.  Yours sincerely

Answer

There are two issues in considering the validity of annulments of marriages by the family courts in Pakistan; a) Rules and principles of annuling a marriage, b) Implementing the rules.

You have explained the broad rules and procedures adopted by the Family Court which is in order. There are many other rules of annulment of marriages besides the broad rules and principles stated by yourself. Apart from the rules, the implementation of the rules are equally and in fact more important. I am not in a position to comment on the reliability of the marriage annulments by the Pakistani Family Courts. You should refer this query to the Ulama of Pakistan for their comments as they are in a better position to comment that myself.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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