Analisis Metode Penetapan Hukum Perceraian Di Pakistan Perspektif Tahir Mahmood

Abstract

This study aims to analyze the methods of divorce law formulation in Pakistan, focusing on the development of family law within the context of Muslim society. As a predominantly Muslim country, Pakistan faces challenges in formulating laws that align with Islamic principles while addressing the social needs of its people. This research examines the historical background of divorce law formation, including the influence of the Hanafi school of thought and reforms introduced through the Dissolution of Muslim Marriages Act of 1939 and the Muslim Family Law Ordinance (MFLO) of 1961. By analyzing the law-making process, the study identifies ongoing debates between conservative and modernist groups in shaping laws that are just for women. The research employs a literature review and legal document analysis as its methodology. The findings reveal that although the MFLO 1961 grants women the right to divorce, social stigma surrounding divorce remains strong, particularly in rural communities. The study also finds that two legal reform methods have been utilized—Intra-Doctrinal Reform and Extra-Doctrinal Reform—reflecting efforts to accommodate societal needs while adhering to Islamic principles. With the rising divorce rate in Pakistan, the study emphasizes the importance of legal awareness and public education in combating stigma and enhancing understanding of women's rights in the context of divorce.