پاكستانی اور خلافت عثمانی كےمسلم عائلی قوانین كا تحلیلی و تقابلی جائزہ
Muslim Family Laws of Pakistan and Ottoman Empire: Analytical and Comparative study
Family is referred as the fundamental brick of any society divulging its comprehensive purview of marital relations, culture, and religion. Islam gives much importance to marital matters after the worships as an ample symbol of Muslim cultural identity. The Ottoman Empire was one of the enormous and long-enduring dynasties in the history of the world. It was the fourth major caliphate established in Islamic history. Muslim world refined its family laws empowering the women and children from the perspective of human rights and gender equality in the Ottoman Empire. The reforms phenomenon inspired various countries around the world as the model for several states’ family codes particularly the Middle East. Pakistan is an Islamic country and usually legislation is enacted in accordance with the injunctions of Islam. The current research presents analytical review of Pakistani Muslim Family Law Ordinance 1961 and the Ottoman Law of Family Rights 1917. It estimates their resemblance and contradictory status under Islamic and legal spirits. This research focuses on the comparison between the two legislations. This paper highlights the areas where the rights of the children and women are protected in these laws. The present study compares the both laws and highlights the salient features of the legislations to improve the existing family laws. The legal and Shariah analysis of the both laws will be discussed. This study finally recommends the suggestions to enact the laws for the better status of women and children.
Keywords: Family Law, Pakistan, Ottoman Empire, Marriage, Divorce