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.
