Maktaba Wahhabi

114 - 120
major reforms were made till 1920 due to lack of social progress in Egypt. The reforms were made in the departments of false claim of marriage, denial of valid marriage, judicial divorce, limitations of husband’s right of repudiation, maintenance and custody of children. Whereas in the history of Pakistan, the milestone was established by Muhammadan Anglo-Oriental Education Conference 1886 which promoted and advocated women’s education. In political and legal life substantial measures were not taken during the rule of East India Company in order to protect own interests. The proper reforms were made after the partition which include the establishment of new grounds for divorce, continuity of marriage even after the renunciation of woman, granting the right of khul, paternity, admissibility of inheritance in unregistered marriages, limitisation of polygamy, custody of children of broken homes, the West Pakistan’s dowry prohibition, laws of inheritance etc. As far as the revolutionary process of Iran is concerned Protection of Rights on Divorce Act 1986, and in Yemen, Yemen’s Personal Status Law 1992 are considered as the fundamentals of the new reforms. But according to the author Egypt and Pakistan employed questionable talks because they claimed that form of ijtihad (reinterpretation) which was not positively rooted in Islamic values but rather negatively based on a lack of conflict with any Quranic injunction. The lack of consistency in methodology is reflected in the law itself, for example, as the provision for orphaned grandchildren's inheritance rights is disrupted in the law of succession in Pakistan as an orphaned grand-daughter of the deceased now excludes the collaterals (brothers and sisters) of the deceased from inheritance. However, the deceased's own daughter would not exclude these same collaterals. Chapter 4: Toward a Legal Methodology for Reform In 20th century remarkable reforms and reinterpretations were made both in legal matters and Jurisprudence debates. In Pakistan Marriage and Family Laws Commission 0f 1955 was delayed until 1961 because of the strong reaction from the majority of Ulama. With the advancement in science and technology an increasing number of Muslim scholars throughout the world have come to recognize the need to apply Quranic principles in such a way which satisfy modern needs and demands. In modernist writings, a distinctive emphasis that emerges is the necessity of getting at the motive, intent, or purpose behind Quranic passage. The two prime areas of family law affecting women’s equal right today are divorce and polygamy. The Quran provides equal rights of divorce to women and the Quranic principle “equal justice” for each wife can be used as the measure for control polygamy in the present world. The employment of the principle of maslahah as a source of contemporary legal reform was championed by
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