For detailed rules of divorce for overseas Pakistani through lawyers in Pakistan you may contact Nazia Law Associates. Perhaps, for a facility of reference, it would be well to reproduce here the questions which we have been called upon to answer: (i) what are the sources of Muslim Law on divorce for overseas Pakistani through lawyers in Pakistan? The Procedure of divorce in Pakistan and divorce procedure in Pakistan is very simple for females and males. The Divorce procedure for overseas Pakistani is not the same for every females and males.
(ii) What are the rules of interpretation of Muslim Law, and can Courts differ from the views of Imams and other jurisconsults of Muslim Law on the grounds of public policy, justice, equity, and good conscience? (iii) How are the Courts to be guided in case of conflict of views among the founders of different schools of Muslim Law and their disciples, other A' imma and Faqihs? (Question as amended by the Full Bench)? 3. The first question has been answered at great length by Muhammad Yaqub Ali, J. who has, if I may say so with respect, taken pains to bring out the importance and scope of the various accepted and recognized primary and secondary sources of Muslim Law on divorce for overseas Pakistani through lawyers in Pakistan. I have nothing to add to this part of the discussion. 4. Regarding the second question, he will see that it consists of two parts.
The first part aims to state the rules of interpretation of Muslim Law. I respectfully agree with the answer given to this part of the question by Muhammad Yaqub Ali, J. in paragraphs 39 to 44 of his judgment. These paragraphs furnish a precious guide for anyone engaged in the task of interpreting and applying Muslim Law.
The answer to the other part of the second question on the divorce for overseas Pakistani through lawyers in Pakistan namely, as to the competence of Courts to differ from the views of earlier A' imams and Faqihs on the grounds of public policy, justice, equity, and good conscience, is clearly not free from difficulty and controversy. Moreover, there are several aspects to it. In the first place, our question is whether the Courts can put their own interpretation on the Qur'an. There is no doubt that in the case of Agba Muhammad Jafar v. Kalum Bibi (24 1 A 196).
The Judicial Committee of the Privy Council did observe that it would be wrong for the Courts on the point of this kind to attempt to put their own construction on the Qur'an in opposition to the express ruling of commentators of such great antiquity and high authority (as the Hedaya and the Fatawa—i—Alamgiriya). Yet, this view has not been followed by this Court in recent years on the divorce for overseas Pakistani through lawyers in Pakistan. In Mst. Balqis Fatima v. Najm-ul-Ikram Qureshi (P L D 1959 Lahe 566), Kaikaus, J. who delivered the Full Bench judgment observed as follows (in paragraph 27 of the judgment on page 584 of the Report). 6. he also discussed this question at some length by Muhammad Shafi, J. in Mst. Rashida Begum v. Shahab Din and others (P L D 1960 Lah. 1142). On page 1153 of the Report, the learned Judge has expressed himself. 8. Our female lawyer in Lahore Pakistan is here for services of divorce case.
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