business law (increasing divorce rate in pakistan)

Asad.Mazher

BUSINESS AND LABOR LAWS

INSTITUTE OF BUSINESS & TECHNOLOGY (BIZTEK)

GULSHAN CAMPUS

Asad.Mazher

INCREASING DIVORCE RATE IN PAKISTAN

Asad.Mazher

What is Divorce?

Asad.Mazher

DivorceDivorce or dissolution of marriage, is

the termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of

matrimony between two persons.

Asad.Mazher

Types of Divorce

Asad.Mazher

Types of Divorce

• No-fault divorce.• At-fault divorce.• Summary divorce.

• Uncontested divorce.• Collaborative divorce.• Mediated divorce.

Asad.Mazher

What Are The Causes Of Divorce?

Asad.Mazher

Causes Of Divorce

• Lack of commitment to the marriage • Lack of communication

between spouses • Alcohol Addiction • Physical Abuse • Emotional Abuse • Inability to manage or resolve

conflict

Asad.Mazher

• Personality Differences or “irreconcilable differences”

• Financial problems• Interference from parents

or in-laws• Lack of maturity• Falling out of love • Religious conversion or religious

beliefs

Asad.Mazher

What Are Our Objectives?

Asad.Mazher

Objectives

1. To critically analyze the impact of divorce on married life of upper and middle class of society.

2. To analyze the impact of divorce on children.

3. To identify the causes of divorce.

Asad.Mazher

What Right of Divorce given to the Women in The NIKAH

NAMA?

Asad.Mazher

NIKKAH NAMA (1st page)

Asad.Mazher

NIKKAH NAMA (2nd page)

Asad.Mazher

What Are The International Rates of Divorce?

Asad.Mazher

International Rates of Divorce

Asad.Mazher

What Are The Rates Of Divorce In Pakistan Through

Centuries?

Asad.Mazher

Rates of Divorce• 18th Century

- Unstable marriage threat to the community

- Marriages were stable, and happiness has an additional element.

• 19th Century- Marriage was expected to be a

two-way street. - Equal obligations on both sides

(investment & affection). - Infrequency of communication

pushed the divorce rate up steeply.

Asad.Mazher

• 20th Century- Gender equality (employment, freedom,

and giving equal rights to women)- Caring for children, maintaining proper

homes, happiness of adults to maintaining a materialistic lifestyle.

- Before divorce was considered a taboo.

• 21st Century- The rate of divorce is less than 50% in

Pakistan.- Around 10 to 15 women daily apply for

divorce in Islamabad.

Asad.Mazher

What Are The Rates Of Divorce In Different Classes

Of Pakistan?

Asad.Mazher

Divorce Rates in Classes

• UPPER CLASS- The divorce rate is relatively higher in the upper class.- The upper class is very loosely bound in terms of the

values, norms and roles.

• MIDDLE CLASS- In middle class divorce rate has also increased but is still

considered a taboo. - Causes lower income, lower status, lower self image, and

a lower satisfaction with his life and marriage. - These factors are likely to increase his wife’s

dissatisfaction which may result in divorce. - Everyday people are becoming more materialistic and

they want to achieve a higher status, status which is higher then their relatives and friends circle.

Asad.Mazher

• LOWER MIDDLE CLASS- Divorces were limited to upper class but

now mostly women from lower middle class are filing cases for separation.

- Cause lower income and less attention to there family and children.

Asad.Mazher

Effect On Children

• Children of the divorced couples are the one who are affected the most. Either they are children belonging to the middle class or upper class and others.

• They lose their self-confidence and develop an introvert personality affecting their future.

Asad.Mazher

The Divorce is Prohibited in which Countries?

Asad.Mazher

Permitted Countries

Divorce laws vary considerably around the world.

- Divorce is not permitted in some countries, such as:

• Malta and • Philippines; though an

annulment is permitted.

Asad.Mazher

What are the QUR'ANIC Concepts Of Divorce?

Asad.Mazher

QUR'ANIC Concepts of Divorce

• To ascertain whether a wife is pregnant or not so that the lineage of the child does not remain a matter of doubt .

• To give the husband and other family members a chance to rectify the situation, for matters in which emotions and feelings run high, sometimes only time is needed for recovery.

Asad.Mazher

What are the Forms Of Divorce in MOHAMMEDAN

LAW?

Asad.Mazher

Forms of Divorce

• By the husband at his will, without the intervention of a Court.

• By mutual consent of the husband and wife, without the Intervention of a Court.

• By a judicial decree at the suit of the husband or wife.

Asad.Mazher

What Kinds of Divorce by Talaq?

Asad.Mazher

Divorce by Talaq

1. Orally (by spoken words)2. By a written document

(Talaqnama)

SHIA LAW:- A Talaq under Shi’a Law must be

pronounced orally in the presence of two competent witnesses

- A Talaq communicated in writing is not valid, the husband is physically incapable of pronouncing it orally

Asad.Mazher

What are the opinions of The Council Of Islamic Ideology?

Asad.Mazher

Opinion of the Council of Islamic Ideology (1965-1967)

• This deals with the procedure for prescribing a form for initiating reconciliation efforts between the estranged husband and wife.

• Every man is compelled to inform the chairman, in writing of the fact that he has pronounced Talaq.

• It recognizes only one form of Talaq.

Asad.Mazher

What are the Verses From the HOLY QUR’AN?

Asad.Mazher

Verses From the HOLY QUR’AN

• And if you fear a breach between the two, appoint an arbiter from her people if they both desire agreement Allah will effect harmony between the, Surely Allah is ever knowing, Aware.

• “O Prophet; when ye divorce women, divorce them before their waiting period, and count the waiting period, and fear “Allah, your Lord”.

Asad.Mazher

What are The Verses From The AHADITH?

Asad.Mazher

Versus from the Ahadith

• Take her back and keep her, till she becomes pure, and then menstruates and afterwards, let him divorce her while she is pure before he touched her.” - Prophet Mohammad (P.B.U.H).

• “Are you playing with the Book of the Almighty and Glorious Allah while I am (still) amongst you?” So much so that a man got up and said “Shall I not kill him?” - Mehmud B. Labeed

Asad.Mazher

What are The Family And Civil Law Cases?

Asad.Mazher

Family and Civil Law Cases

• PAWLA (Pakistan Women Lawyer Association)

• Response from female interviewers.

• Response from male interviewers.

• Response from children interviewers.

Asad.Mazher

What are the Limitations regarding collecting data?

Asad.Mazher

Limitations

• Limited case files available for collecting data.

• Hesitation from the interviewer and the interviewee as it is a very sensitive issue. It cannot be discussed with everyone.

• No past data is available in the libraries.• Thesis on divorce were in shambles.

Asad.Mazher

Conclusion

Asad.Mazher

Conclusion

• “Rate of divorce has been increasing in the past five years in upper and middle class of Karachi”

• There is a false understanding that rate of divorce is increasing it is basically not increasing but it seems to be increasing due to increase awareness among people.

• We also would like to recommend that we our government should take some actions regarding these corruption so that there will be less problems.

Asad.Mazher

Thank You!