Get Guide For process of talaq in Pakistan and courts (2021)
The process of talaq in Pakistan and courts:
For the process of talaq in Pakistan through lawyers in Lahore Pakistan in courts you may contact Nazia Law Associates. There can be no disagreement in matters provided for in the Quranic and Traditional Text. Similarly, Ijma is binding upon all until changed or modified by another Ijma. There is, thus, no room for a Court on the process of talaq in Pakistan through lawyers in Lahore Pakistan to disagree with it, for according to the tradition relied upon by Imam Shafi'i, "whatever the community of Islam may agree upon at any time is of "God." In juristic analogy and Istidlal, it is open to Courts to adopt any one of the earlier A' imma and Faqihs' conflicting views, subject to the qualification that they possess the requisite knowledge.
Lastly, Ijma' and Ijtihad, in the form of law made by the competent legislative bodies, as envisaged by the modern reformist Jurists, will be binding on Courts. It is not allowed for them to differ from those laws because they conflict with the earlier A' imma and Faqihs..... WAHIDUDDIN AHMAD, J. I have had the edge of reading in advance the well-considered and learned judgment proposed by my brother Yaqub Ali, J.
I must confess that the problems raised in the questions referred to in the Full Bench are too broad and involve the most controversial issues on the process of talaq in Pakistan through lawyers in Lahore Pakistan. Naturally, one must be cautious in dealing with such questions; I am, therefore, most reluctant to answer them in general terms. I would like to record my opinion with this object in as precise terms as possible. The answer to the first question need not detain me.
Regarding the process of talaq in Pakistan through lawyers in Lahore Pakistan it is accepted by all the Sunni Schools that besides two principal sources of Islamic law, namely the Qur'an and Had is there are two other important distinct sources, namely Ijma, i.e., the consensus, and Qiyas, i.e., analogical deduction from the above three sources. Istihsan as a source of Law has also achieved considerable importance.
It is resorted to when no clear authority is available on a point or where the authorities are of a conflicting nature. In such cases, the view is that it is open to jurists to resort to equity principles to decide thé issue before them. In other words, Istihsan is juristic preference or equity. Sir Abdur Rahim, in his commentary on Muhammadan JUrisprudence on this topic, observed at page 163 as under:
"It sometimes happens that the rule of law on the process of talaq in Pakistan through lawyers in Lahore Pakistan deduced by the application of analogy to text conflicts with what has been expressly laid down by some other text or by the unanimous opinion of the learned. All the four Sunni Schools of law agree that the former must give way to the latter in such cases. It may happen that the law correspondence deduced fails to commend itself to the jurist, owing to its confinement and inadaptability to the habits and usages of the people and being likely to cause hardships and inconvenience. According to Hanafi lawyers, it is nothing but a hidden analogy. But it cannot deny that it has a much wider scope as a source of law.
Validity of Gift and Unmarried Certificate in Pakistan:
Advocate Nazia is the best lawyer for cases of validity of gift, divorce certificate in Pakistan and unmarried certificate in Pakistan. Objection to a gift cannot be made by a third person. While attaching a gift collaterally cogent and most reliable evidence has to be made available on record, as otherwise, a gift which is not objected to by donor or his legal heirs could not be held, ineffective and could not be declared void even after issuance of divorce certificate in Pakistan or unmarried certificate in Pakistan. Collusive gift: The agreement to sell executed by the seller in favor of the purchaser much earlier than the transaction of the alleged oral gift in favor of the plaintiff, suit based on oral gift held collusive, Moreover the fact that Tamleek name was registered during the pendency of suit does not confer any title.
Contingent Gift/Gift with a Condition:
It is well settled that once from the recital it is clear that 'the ownership has been transferred in permanently and absolutely. It is a gift and any condition imposed on the enjoyment of the property is invalid. The land gifted for life-time when the condition that on the death of done gift land shall be reverted to donor his successors-in-interest, Gift land transferred to the done, the gift was valid and condition attached invalid even after issuance of divorce certificate in Pakistan or unmarried certificate in Pakistan. Contingent gift, is made with an express stipulation for return, Delivery of possession, and fulfilment of stipulation of return, essentials for completion of validity of gift, failure of the conditions, gift invalid. Recital of possession in gift deed is not conclusive proof of possession.