The Role of Fatwa in Family Cases: A Judicial Analysis with Reference to Pakistan

Abstract

While historically seen as non-binding religious opinions, fatwas (religious legal rulings) play a complex and vital role in Pakistani family law case. Despite lacking official regulation, they hold persuasive power when aligned with the Quran and Sunnah. Courts consider them alongside other evidence, requiring the scholar's presence for cross-examination to ensure accountability and prevent misuse. While this approach aims to address inconsistencies and complexities arising from fatwas in family disputes, challenges remain in its consistent application and the need for legislative safeguards to ensure adherence to Islamic law and principles. This paper advocates that courts should treat fatwas as references to their underlying sources, not as standalone legal basis, ensuring a balanced approach that respects religious significance while upholding legal principles and due process.