Utility of Theory of Willāyaħ (Guardianship of Walī) In Family Law and Its Impact on Society: Analytical Study in The Light of Islamic Jurisprudence and Laws Regulating Marriage in Pakistan

Abstract

Islamic Family Law is one of the most sensitive and important studied fields in Pakistani law. This is because it affects the personal life of Muslims, and because many issues have arisen as a result of the implementation of the Islamic Family Law Enactment which governs Muslims in Pakistan. Scholarship in this area has expanded with the development of the Enactment itself. Several approaches have been used to analyze the implementation of the law inter alia, legal, socio-legal, comparative, and anthropological and sociological perspectives. It cannot be denied that research and scholarly publications in the field of Islamic Family Law have contributed to further strengthening the administration of justice and the implementation of the law. As such, this research is intended to describe the overt tendencies inharmonious to the basic social norms in the area of Islamic Family Law that Pakistani system as a case study, this study reject the argument that Islamic law and human rights are competing or contradictory, and support the idea that together they have in fact provided comprehensive protection to Pakistani women’s marital rights. Ultimately the research concludes, the exemplary Pakistani regime may potentially serve as an illuminating model for the productive and complementary utilization of Islam and constitutional jurisprudence in the regulation of a marriage law respectful of human rights by utilization of an egalitarian and equitable conception of Islam in the context of marriage law.