Role of Department of Religious Affairs and Judiciary in Enforcing Family Law in Azad Jammu and Kashmir: Difficulties and Prospects

Abstract

In this article, the background of the Department of Religious Affairs and the Department of Qaza was stated that immediately after the independence of the region Azad Jammu and Kashmir, due to the efforts of the scholars, the then President of the Independent State of Jammu and Kashmir Sardar Ibrahim Khan established the Ifta / Qaza Department. Approved by These muftis used to sit with the judges in the courts and give them religious guidance. Since then, the department has not received much attention due to political turmoil. Then in 1974, the President of the State of Azad Jammu and Kashmir, Sardar Ibrahim Khan, changed the Department of Ifta to the Department of Qaza. The same Muftis were appointed as judges along with judges from Civil Courts to Sessions Courts who hear criminal cases.

Later in this article, it was mentioned that the Department of Religious Affairs was reorganized in 1989 and many matters including marriage registration were assigned to this department and in all the districts of Azad Jammu and Kashmir, Tehsil Mufti and District Mufti was appointed. Further introductions were also made to the Ifta, an important department of the Department of Religious Affairs, and recommendations were made on how it could be made effective in family cases. The list of some fatwas issued by the Ifta department is also given as a sample, which shows that more than 90% of the fatwas were issued on family issues related to marriage, divorce and related matters. More recently, with the approval of the Divorce Registration Act, divorce notices have also been assigned to the Department of Religious Affairs, the background of which has also been presented.

The background of the Shariat Appellate Bench of the High Court and the Supreme Court was then explained and suggestions were made to enhance their usefulness. A concise discussion and recommendations are provided at the end of the article.