A Comparative Study of Dissolution of Marriage on Account of the Missing Husband (Mafqūd-ul-Khaber) and Women Problems

Abstract

It is not only a husband who has been given a right to divorce his wife in case of any discord but the wife has also been given a right to ask for separation in Islam. Islam commands the husband to retain the wife in kindness and to take every possible measure for maximization of marital success. This paper provides an analytical study of the right of women in Islamic and Pakistani laws to get separation when her husband remains missing. It also analyzes the status of the missing of the husband and the problems faced by the wife while getting separation through court in case of a missing husband. A survey in the form of interviews was conducted to highlight the reasons of not filing the missing husband cases in the courts.