16/04/2026
It is necessary to clarify that Mulla’s Principles of Mahomedan Law is a respected reference work and frequently cited for its exposition of Islamic personal law as applied in the sub-continent.
However, it is not a source of law in itself. Where the statutory scheme or binding judicial authority provides clear guidance, resort to such secondary commentaries must remain subordinate. Kaneez Fatima’s case affirms that the legal effectiveness of a Talaq in Pakistan is governed by section 7 of the MFLO, irrespective of the form in which it is pronounced. The limited exception recognised in Kaneez Fatima is with respect to divorces effected through mutual consent (Mubara’at).
Jameel AhmadVs. The State and others
PLD 2026 Lahore 343
