BUSINESS AND LABOR

LAWS

INSTITUTE OF BUSINESS &

TECHNOLOGY (BIZTEK)
GULSHAN CAMPUS
Asad.Mazher
INCREASING DIVORCE
RATE IN PAKISTAN

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What is Divorce?

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 Divorce
Divorce or dissolution of marriage, is
the termination of a marriage, canceling
the legal duties and responsibilities of
marriage and dissolving the bonds of
matrimony between two persons.

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Types of Divorce

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 Types of Divorce
• No-fault divorce. • Uncontested divorce.
• At-fault divorce. • Collaborative divorce.
• Summary divorce. • Mediated divorce.

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 What Are The
Causes Of Divorce?

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 Causes Of Divorce
• Lack of commitment to the marriage
• Lack of communication
between spouses
• Alcohol Addiction
• Physical Abuse
• Emotional Abuse
• Inability to manage or resolve
conflict
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• Personality Differences or
“irreconcilable differences”
• Financial problems
• Interference from parents
or in-laws
• Lack of maturity
• Falling out of love
• Religious conversion or religious beliefs

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 What Are
Our Objectives?

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 Objectives
1. To critically analyze the
impact of divorce on
married life of upper and
middle class of society.

2. To analyze the impact of

divorce on children.

3. To identify the causes of

divorce.

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What Right of Divorce given
to the Women in The NIKAH
NAMA?

Asad.Mazher
NIKKAH NAMA (1 page) st

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NIKKAH NAMA (2 nd
page)

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What Are The International
Rates of Divorce?

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International Rates of Divorce

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 What Are The Rates Of
Divorce In Pakistan Through
Centuries?

Asad.Mazher
 Rates of Divorce
• 18th Century
- Unstable marriage threat to the
community
- Marriages were stable, and
happiness has an additional
element.

• 19th Century
- Marriage was expected to be a
two-way street.
- Equal obligations on both sides
(investment & affection).
- Infrequency of communication
pushed the divorceAsad.Mazher
rate up
steeply.
• 20th Century
- Gender equality (employment, freedom,
and giving equal rights to women)
- Caring for children, maintaining proper
homes, happiness of adults to
maintaining a materialistic lifestyle.
- Before divorce was considered a taboo.

• 21st Century
- The rate of divorce is less than 50% in
Pakistan.
- Around 10 to 15 women daily apply for
divorce in Islamabad.

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 What Are The Rates Of
Divorce In Different Classes
Of Pakistan?

Asad.Mazher
 Divorce Rates in Classes
• UPPER CLASS
- The divorce rate is relatively higher in the upper class.
- The upper class is very loosely bound in terms of the
values, norms and roles.

• MIDDLE CLASS
- In middle class divorce rate has also increased but is still
considered a taboo.
- Causes lower income, lower status, lower self image, and
a lower satisfaction with his life and marriage.
- These factors are likely to increase his wife’s
dissatisfaction which may result in divorce.
- Everyday people are becoming more materialistic and
they want to achieve a higher status, status which is
higher then their relatives and friends circle.
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• LOWER MIDDLE CLASS
- Divorces were limited to upper class but
now mostly women from lower middle
class are filing cases for separation.
- Cause lower income and less attention to
there family and children.

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 Effect On Children
• Children of the divorced
couples are the one who
are affected the most.
Either they are children
belonging to the middle
class or upper class and
others.
• They lose their self-
confidence and develop
an introvert personality
affecting their future.
Asad.Mazher
The Divorce is Prohibited in
which Countries?

Asad.Mazher
 Permitted Countries
Divorce laws vary
considerably around
the world.
- Divorce is not permitted
in some countries, such
as:
• Malta and
• Philippines; though an
annulment is permitted.

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What are the QUR'ANIC
Concepts Of Divorce?

Asad.Mazher
QUR'ANIC Concepts of Divorce
• To ascertain whether a wife is pregnant
or not so that the lineage of the child
does not remain a matter of doubt .

• To give the husband and other family

members a chance to rectify the
situation, for matters in which emotions
and feelings run high, sometimes only
time is needed for recovery.

Asad.Mazher
 What are the Forms Of
Divorce in MOHAMMEDAN
LAW?

Asad.Mazher
 Forms of Divorce
• By the husband at his will, without
the intervention of a Court.
• By mutual consent of the husband
and wife, without the Intervention
of a Court.
• By a judicial decree at the suit of
the husband or wife.

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What Kinds of Divorce by
Talaq?

Asad.Mazher
 Divorce by Talaq
1. Orally (by spoken words)
2. By a written document
(Talaqnama)

SHIA LAW:
- A Talaq under Shi’a Law must be
pronounced orally in the presence of two
competent witnesses
- A Talaq communicated in writing is not
valid, the husband is physically incapable
of pronouncing it Asad.Mazher
orally
What are the opinions of The
Council Of Islamic Ideology?

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Opinion of the Council of Islamic
Ideology (1965-1967)
• This deals with the procedure
for prescribing a form for
initiating reconciliation efforts
between the estranged
husband and wife.
• Every man is compelled to
inform the chairman, in writing
of the fact that he has
pronounced Talaq.
• It recognizes only one form of
Talaq.
Asad.Mazher
What are the Verses From
the HOLY QUR’AN?

Asad.Mazher
Verses From the HOLY QUR’AN
• And if you fear a breach
between the two, appoint an
arbiter from her people if
they both desire agreement
Allah will effect harmony
between the, Surely Allah is
ever knowing, Aware.

• “O Prophet; when ye divorce

women, divorce them before
their waiting period, and
count the waiting period, and
fear “Allah, your Lord”.
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What are The Verses From
The AHADITH?

Asad.Mazher
 Versus from the Ahadith
• Take her back and keep her, till she
becomes pure, and then menstruates
and afterwards, let him divorce her
while she is pure before he touched
her.” - Prophet Mohammad (P.B.U.H).

• “Are you playing with the Book of the

Almighty and Glorious Allah while I am
(still) amongst you?” So much so that a
man got up and said “Shall I not kill
him?” - Mehmud B. Labeed
Asad.Mazher
What are The Family And
Civil Law Cases?

Asad.Mazher
Family and Civil Law Cases
• PAWLA (Pakistan Women
Lawyer Association)
• Response from female
interviewers.
• Response from male
interviewers.
• Response from children
interviewers.

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 What are the Limitations
regarding collecting data?

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 Limitations
• Limited case files available for
collecting data.
• Hesitation from the interviewer and the
interviewee as it is a very sensitive
issue. It cannot be discussed with
everyone.
• No past data is available in the
libraries.
• Thesis on divorce were in shambles.
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Conclusion

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 Conclusion
• “Rate of divorce has been increasing
in the past five years in upper and
middle class of Karachi”

• There is a false understanding that rate of

divorce is increasing it is basically not
increasing but it seems to be increasing
due to increase awareness among people.

• We also would like to recommend that we

our government should take some actions
regarding these corruption so that there
will be less problems.
Asad.Mazher
Thank You!

Asad.Mazher