Comparative Study of Muslim Family Laws of Pakistan and Malaysia: A Shariah Perspective

Abstract

The topic of the current research is the comparative study of Family Laws of two Muslims countries (Pakistan and Malaysia) in the light of Shariah. Both countries lived under the influence of British colonial rule for centuries and inspired from the effects of changes in cultural, educational and legal spheres of life. After getting independence from British, both have struggled to Islamize the area of Family Laws. The majority of Muslim population of Pakistan follow Hanafi school of thought, on the other hand, Muslims of Malaysia follow Shafi school. This difference of schools of thought resulted in variance of some aspects of Family Law. Similarly, the Muslim world is divided into many religious sects based on various schools of thought. This research aims to make Muslim Family Laws of Pakistan more better regarding the rights of women in the perspective of Shariah. Pakistan's Muslim Family Laws are not complied in a book rather they are scattered in Acts, Ordinances and Legal Decisions. While, the Family Laws of Malaysia are complied in the shape of a book after passing from the parliament as Act. Pakistan’s Family Laws are criticized by orthodox and modernists. Major observations which are made about these laws include being cruel, unfriendly, against women's interests and anti Shariah. On the other side, Malaysia's Family Laws are less criticized and they are acceptable to the public, both orthodox and modernists. Comparative study of the Muslim Family Laws of both countries reveals that there are ample chances of modifying and improving the Muslim Family Laws of Pakistan in order to make them comprehensive, comfortable and friendly for women.