Within Pakistan’s family justice framework, this article critically examines the emotional and psychological effects of denying non-custodial parents and grandparents meaningful at-home visitation rights. The child’s developmental, emotional, and spiritual requirements are not taken into account by the current judicial practice, which frequently consists of brief visits supervised by the court. The paper argues, based on Islamic bioethical principles and the goals of Islamic law (maqasid al-shar’iah), particularly the preservation of mental well-being (if al-nafs) and kinship ties (ilat al-ra’m), that restrictions like these not only harm child welfare but also go against the spirit of Shar’iah justice. The study, which combines jurisprudential analysis, case law, and empirical child development research, reveals a disconnect between current legal practice and the fundamental Islamic and constitutional mandates to ensure the holistic well-being of the child
Weekly Case Law Bulletin – Episode #47
Welcome to Episode 47 of the Weekly Case Law Bulletin Pakistan — your concise roundup of major legal rulings from the Supreme Court, High Courts, and the […]
Fatherhood and Family Law in Pakistan: Rethinking Custody, Maintenance, and Guardianship
They say the law is no respecter of persons, but in matters of family, it often takes sides- quietly, consistently, and without ever quite saying so. In Pakistan, the letter of the law bestows guardianship and financial obligation squarely upon the father’s shoulders. He is to provide the bread, pay the bills, and underwrite the children’s future. Yet when it comes to the actual care, presence, and upbringing of the children, the soul of fatherhood, he is more often than not left out in the cold. This article takes up the cause of the forgotten father: not the negligent one who flees his duties, but the one who is dutifully bound, yet legally denied.
Does the Law of Limitation works in Inheritance? | Sajjad Hameed Yousafzai, Advocate High Court
In this informative session, Advocate Sajjad Hameed Yousafzai tackles a crucial legal question: Does the Law of Limitation bar inheritance claims in Pakistan? Drawing on statutory […]
Women’s Marriage Rights Under Muslim Family Laws – Panel Discussion
This panel discussion hosted by the Centre for Human Rights explores the legal, cultural, and procedural dimensions of women’s marriage rights under Muslim family laws in […]
Justice Between Parents: Rethinking Custody Jurisprudence in Pakistani Family Courts
In the quiet corners of family courts, louder than the gavel, rises the cry of a child, caught between parents who once loved and now battle. Custody disputes, though dressed in legal robes, are not merely matters of law. They are matters of the heart.
Love has turned sour. Trust has turned to dust. And so, the court is called—not just to decide—but to guide, not as a cold umpire of rules, but as a guardian of what truly matters
Understanding Family Laws in Pakistan: A Foundational Lecture by Ms Nida Kafeel (Former Civil Judge)
In this foundational lecture, Ms. Nida Kafeel, a former Civil Judge, shares valuable insights into Family Laws in Pakistan. She explains the legal rules that cover important areas […]
Aligning Family Law Reform with International Treaties
Family law reforms in Pakistan are influenced by various factors, including international treaties and conventions to which the country is a party. The Family Courts Act […]
The Need to Revisit Punjab Defamation Act 2024
Legislative Review: Punjab Defamation Act 2024 Factual Background In May this year, the Punjab Assembly passed the Punjab Defamation Bill, 2024, which was subsequently signed into law […]
Supreme Court Affirms Women’s Claim to Haq Mehr at Any Time
In an empowering move, the Supreme Court of Pakistan has recently ruled that women in Pakistan have the right to demand haq mehr at any time […]
Polygamy – Breaking the Self-Made Façade [Part One]
Polygamy remains one of the most stressed about Islamic practices in our society and even though men and women speak of it with the same zeal […]
Dower: Unveiling the Truth – Genuine Protection or Mere Deception?
The discussion around women’s rights under Islamic law still continues and involves various perspectives including those of Islamic legal experts, traditionalists and orientalists who keep engaging […]
Know Your Rights: The Delegated Right to Divorce
The concept of talaq (divorce) within the Pakistani society is often frowned upon and, as per Islamic principles, should be avoided. However, it is no secret […]
Role of Arbitration Councils and Mediation in Family Disputes
Definitions According to Black’s Law Dictionary, the terms ‘arbitration’, ‘mediation’ and ‘alternative dispute resolution (ADR)’ have been defined in the following manner: Arbitration is a method […]
The Law of Surrogacy in the UK
Introduction The law of Scotland, England and Wales has been subject to various developments regarding surrogacy; in fact, the three regions are currently in the process […]
Extending Women’s Rights to Unilateral, No-Fault Based Khula
The injunctions of Islam regarding gender are based on equality without any discrimination whatsoever. However, women in Pakistan have been struggling to obtain these rights guaranteed […]
Dowry: A Hushed But Existing Relic
[Dowry or jahaiz is the money, goods, or estate that a wife brings for her husband in a marriage] Once in a blue moon, people march […]