An Empirical Analysis of Case Law Regarding Spouses' Illnesses and Defects as Legitimate Grounds for Divorce

Abstract

The family is a fundamental unit in the Islamic social system and is highly valued in Islam. It allows for the legitimate gratification of passions based on respect and collaboration. A marriage contract is regarded as a civil agreement that can be terminated just like any other. While a husband has the authority to file for divorce, a woman has the right to request a separation as well. This article offers an analytical analysis of court procedures surrounding divorce as well as the Islamic perspective on a spouse's right to separate due to illness or deformity. Five resolved cases from Pakistani courts were recently taken into consideration to examine the issue. The approach of case study concerning illnesses and defects is employed in order to comprehend the procedure of the court. In order to understand why there isn't any case law on the subject, the quantitative research approach is also used. In order to shed insight on the challenges associated with the reasons why the majority of cases pertaining to the aforementioned concerns are not filed, a questionnaire including four interview questions was administered. Four of the most senior practicing attorneys from the Rawalpindi judiciary and one senior attorney from the Supreme Court of Islamabad provided samples for the survey.