Marriage is one of the most sacred contract in Islam and not an ordinary contract of sale and purchase. Since 1886 Courts in the Indo-Pak subcontinent have been ruling that marriage in Islam is a 'civil contract' without giving a deeper thought to the meaning of this phrase. This article examines some of the cases in which the true notion of marriage is distorted by courts in Pakistan and India. At the same time some important cases in which the real place of marriage in Islam is highlited are also discussed. Moreover, it examines the nature of marriage under Islamic law.
- the nature of marriage in Islam,
- civil contract,
- sacrosanct contract,
- family law in Pakistan,
- case law in pakistan
Available at: http://works.bepress.com/muhammad_munir/8/