“Even if it is presumed that the Arbitration Council
had no jurisdiction to entertain the notice of Talaq
given by respondent No.1 under the provisions of
section 7 of the Muslim Family Laws Ordinance,
1961, the right of talaq vested with a husband under
the Sharia has not been taken away from a Muslim
irrespective of the country to which he belongs. In
view thereof, despite the restrictions contained in the
Muslim Family Laws Ordinance, 1961, the
husband’s right of talaq prevails as given to him
under the Quranic Injunctions. In Allah Dad v.
Mukhtar (1992 SCMR 1273), it was held by the
Supreme Court that the Muslim Family Laws
Ordinance, 1961, shall have to be interpreted and
construed in accordance with the Injunctions of
Islam as laid down under the Holy Qur’an and
Sunnah and in case of any conflict between the
existing law, the Injunctions of Islam shall prevail.
In a recent judgment (Muhammad Hanif and others
v. Mukarram Khan and others (PLD 1996 Lahore
58), a Division Bench of this Court has held that even
if no notice of divorce, as required under section 7 of
the Muslim Family Laws Ordinance, 1961, is given
to the Chairman Local Council, it will not make a
divorce ineffective under Sharia.
In view of the above, the divorce pronounced by
respondent No.1 on 1-2-1991, had taken effect under
the Islamic Injunction even if the notice to the
Arbitration Council intimating such talaq or
subsequent proceedings taken in this regard and the
certificate issued by the Arbitration Council
endorsing the effectiveness of talaq are ignored. ”
Part of Judgment of
Lahore High Court
Writ Petition-Family-Maintenance
27820-13
2017 LHC 2268
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