13/01/2025
For decades, D.F. Mullah’s Principles of Mahomedan Law have been a cornerstone in Pakistani courts in family law. But are these principles truly aligned with modern values of justice, equity, and child welfare? Explains the Supreme Court of Pakistan.
Recent judgments have highlighted critical issues with this text:
⚖️ It's a reference, not legislation—courts are not bound to follow it.
👶 Child welfare must take precedence over rigid rules, especially in custody matters.
📜 Many of its provisions reflect outdated patriarchal norms that undermine women’s rights.
🌍 International commitments (CEDAW, CRC) and constitutional guarantees demand a more equitable approach.
The time has come to modernize family law to reflect the complexities of contemporary society, ensuring justice for all.
Let’s discuss: Do you think Mullah’s principles need reform? How can we strike the right balance between tradition and progress?
