A Comparative Study of Muslim Divorce: Legal Perspectives from Australia, New Zealand, and Pakistan in the Light of Islamic Jurisprudence

Abstract

This research introduces a critical and comparative examination of legal systems of New Zealand, Australia and Pakistan employ with Islamic principles of divorce. It explorers the different forms of dissolution of marriage acknowledged by Sharīʿah, including divorce (unilateral by the husband), khuʿl (divorce initiated by wife in exchange of compensation), and Faṣkḥ (separation by court), within each jurisdiction’s statutory framework. Islamic law advocaat procedural prospect and emphasis on acknowledgment of religious divorce, conformity with principal of ʿiddah (waiting period), and acceptance of legality of religious divorce in secular courts in case of Muslim spouses. This research spotlight the judicial, cultural and legal challenges faced by Muslim women in dealing legal proceeding related to civil and religious divorces, in particular in Western legal contexts that officially  do not acknowledge Islamic personal laws related to marriages and divorce. The paper emphasizes the need for inclusive legal processes that protect religious identity while guaranteeing gender justice by comparing it to Pakistan's hybrid legal paradigm, where Islamic law is codified inside a statutory framework.  It makes the case for changes that, particularly in multicultural, secular nations, take into account divorce customs with a religious foundation within the larger discourses of legal diversity and human rights.