Volume 18, No. 6, 2021

Effects of Dissolution of Transnational Muslim Interreligious Marriages on Child’s Life: Comparative Analysis of Pakistan and English Family Law in the Context of Shar?‘ah

Dr. Salma Begum & Dr. Shehla Riaz


This paper seeks to answer the issue concerning the effects of dissolution of transnational Muslim interreligious marriages on the child’s life. Therefore, the paper mainly addresses the significant issues including the approach of classical and modern scholars to interreligious marriages of Muslim men and women in the Muslim minority state, essential requirements and problems to celebrate it under Shar?‘ah, Pakistani law and English Family Law. Furthermore, the paper focuses on the effects of dissolution of transnational Muslim interreligious marriages on child’s life especially in determining the religion of child in Pakistan and England. In addition, the study identifies the major problems, which adversely effects the family life and society including the issue of conversion of the contracting parties. This study is restricted to the opinions of four sunn? schools of thoughts, Statute laws, and Case laws of Pakistan and England. It argues that dissolution of transnational Muslim interreligious marriage disgracefully effects the child’s religion. Moreover, the study articulates a comparative perspective to examine the regulations and challenges of transnational interreligious marriages of Muslim men and women under Islamic Law, Pakistan and English Family Law. Besides, the effects of transnational interreligious marriages have been figured out through comparing and analyzing of both laws, which effects the family and society as whole in order to address the contradictions found between the legal practices of Pakistan and England. Therefore, the study suggested that there is need of keen attention of Islamic and legal scholars of both states to work hard collectively to make a single procedure in order to overcome the conflicts keeping in view the religion of both parties.

Pages: 3610-3638

Keywords: Transnational Muslim Interreligious marriage, religious upbringing, abduction, child’s residence, contact, medical treatment, surname, Shar?‘ah, Pakistan and English Family law.

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