PNN: The National Commission on the Status of Women on Thursday took note of the recent proceedings before the Supreme Court regarding the legal parameters for granting a decree of khula, and urged that the jurisprudence governing khula be reaffirmed in a manner consistent with constitutional guarantees and Islamic legal tradition.
The commission acknowledged and respected the court’s authority to seek assistance from the Council of Islamic Ideology and counsel in clarifying questions of Islamic jurisprudence and family law.
In a statement, the commission said it believed to emphasise that the matter currently under consideration related to the interpretation and application of already established legal principles, and no adverse ruling had yet been made.
It was therefore imperative that settled jurisprudence governing khula be reaffirmed in a manner consistent with constitutional guarantees and Islamic legal tradition.
At the same time, NCSW said that the right of a Muslim woman to seek dissolution of marriage through khula was not a novel or unsettled question in Pakistani law.
The principle was authoritatively settled by the Supreme Court in Khurshid Bibi vs Baboo Mohammad Amin case, which held that where a court was satisfied that spouses could not live within the limits prescribed by Allah, dissolution may be granted. This interpretation recognised khula as an independent mechanism of justice, not confined strictly to proof of physical cruelty.
Subsequent judicial practice had consistently treated khula as a no-fault remedy, distinct from judicial divorce on specific fault grounds. It was therefore critical that khula not be conflated with cruelty-based dissolution in a manner that reintroduces restrictive evidentiary burdens inconsistent with settled law.
NCSW Chairperson Ume Laila Azhar stated, “Marriage in Islamic law is a civil contract founded on mutual consent, dignity, and the willingness of both parties to continue the relationship. When these essential elements no longer exist, the law must provide a dignified and accessible exit. Khula is not dependent solely upon establishing visible acts of violence; it exists to prevent prolonged harm, incompatibility, and irretrievable breakdown.”
The commission noted that domestic harm often occurred within private spaces, without independent witnesses. Courts had long recognised that cruelty was not limited to physical assault but may include emotional abuse, sustained neglect, economic deprivation, humiliation, or conduct that makes continued cohabitation untenable. Family courts are experienced in assessing credibility and weighing evidence in such matters, and procedural safeguards exist to ensure fairness to both parties.
Family courts were equipped to evaluate testimony, assess consistency, and determine credibility without imposing unrealistic evidentiary expectations.
NCSW added that evidentiary standards must reflect the lived realities of matrimonial disputes. Requiring external witnesses to acts of domestic violence would render relief illusory in many cases. The protection of dignity applies equally to both spouses, however, preserving dignity could not mean compelling a woman to remain in a marital bond that has irretrievably broken down.
The commission also added that where a woman sought dissolution and her unwillingness to continue the marriage was clear and consistent, courts must ensure that procedural formalities did not defeat substantive justice.
Financial entitlements, including dower and maintenance, must be determined in accordance with law, and no decree should deprive a woman of her lawful rights without her informed and voluntary consent. The rich diversity of Islamic juristic opinion historically acknowledged dissolution in circumstances of sustained incompatibility and harm. Pakistani jurisprudence has drawn from this tradition in recognising that the preservation of justice within marriage is paramount.
The Commission reiterated that constitutional guarantees under Articles 4, 9, 14, and 25 required that women had equal and meaningful access to judicial remedies in matrimonial matters. Any interpretation of family law must remain aligned with these protections and Pakistan’s international commitments, including obligations under the Convention on the Elimination of All Forms of Discrimination Against Women.