See also the dissent of the sole alim on the commission, ibid. Discuss and critically analyze the muslim family law. Muslim jurists have been criticized for having lost contact with the changing conditions of contemporary life, in the sense that they have been unable to. Family court deemed to be a district court for purposes of guardians and wards act, 1890. Muslim family lawsapplicable to muslim citizens of pakistan wherever they may be. Obaidul huq chowdhurys hand book of muslim family laws. Subject to the provisions of the muslim family laws ordinance, 1961, and the conciliation courts ordinance, 1961, the family courts shall have exclusive jurisdiction to entertain hear and adjudicate upon matters specified in the schedule. Section 4 of muslim family laws ordinance term paper. Talaq and the muslim family law ordinance, 1961 in pakistan. Muslim family law ordinance 1961 css regarding youtube. Pdf potential impact of the akps unofficial political islamic law. The share of orphaned grandchildren under islamic law and. The punjab muslim family laws amendment bill 2015 seeks to further amend the muslim family laws ordinance 1961 viii of 1961 to protect women from any sort of exploitation and provide them with possible solutions in times of family disputes as well as ancillary matters.
The article ignites the old debate mainly to reevaluate the arguments of its nonislamicity according to orthodox islamic law as well as the federal shariat court and to critically analyse the mis. The muslim family laws ordinance, 1961 nasirlawsite. Muslim family laws ordinance how is muslim family laws. Muslim family laws ordinance 1961 pakistani law firm. Section 142a of west pakistan family court act 1964 and section 2iiid of dissolution of muslim marriage act 1939 that no appeal against decree for dissolution of marriage. Short title, extent, application and commencement 1 this ordinance may be called the muslim family laws ordinance, 1961. With an object of enacting the law a declaration for amendment of muslim family law was made on 7 october 1958, and accordingly the president of pakistan promulgated the ordinance in 1961, which is better known as ordinance.
Muslim family laws ordinance viii of 1961 and muslim family laws rules 10 of jul 1961. Validity of marriages registered under the muslim family laws ordinance, 1961, not to be questioned by family courts. This law incorporates islamic provisions within its fold. At that time, a commission was appointed to look into the laws regarding family matters and marriages and, in the light of its recommendations the family courts were established and the muslim family laws ordinance, 1961 promulgated in a codified form. The bill based on its recommendations led to much heated debate. Provisions of muslim family laws ordinance, 1961 not affected. Punjab muslim family laws amendment act, 2015 pcsw. Maintenance under muslim law is known as nafqah which means what a man spends over his family. Section 4 of the muslim family laws ordinance, 1961. Comparative analysis of family law in the context of islam. A family court shall not question the validity of any marriage registered in accordance with the provisions of the muslim family laws ordinance, 1961, nor shall any evidence in regard thereto be admissible before such court. The commissions produced drafts of uniform family and inheritance codes to replace the existing customary, statutory, islamic and hindu laws then in force.
The muslim family laws ordinance, 1961 laws of bangladesh. Now, therefore in pursuance of the proclamation of the seventh day of october. Whereas it is expedient to give effect to certain recommendations of the commission on marriage and family laws now, therefore, in pursuance of the proclamation of the seventh day of october, 1958, and in exercise of. The pakistan federal shariat court, section 4 of the. Section4 the mflo1961 affects the fundamental principles of muslim law of succession. The issue of the share of grandchild in section 4 of the muslim family law ordinance 1961 in pakistan has sparked the hottest debate in the law of inheritance. Maintenance 1 if any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking any other legal remedy available apply to the chairman who shall constitute an arbitration council to determine the matter, and the. General introduction to islamic law lily zakiyah munir the compatibility of sharia and modern jurisdictions has been a longstanding debate. A family court shall not question the validity of any marriage registered in accordance with the provision of the muslim family laws ordinance, 1961 nor shall any evidence in regard thereto be admissible before the said court. Section4 of the muslim family laws ordinance1961 provides in the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time of succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the.
Family courts to inform union councils of cases not registered under the muslim family laws ordinance, 1961. Ibrahim, the federal minister of law in the interim government headed by malik mairaj khalid, the president of pakistan promulgated a freedom of information ordinance on january 29, 1997. Dissolution of muslim marriages act of 1939 in pakistan code vol. The family courts act, 1964 josh and mak international. Muslim family laws ordinance, 1961 west pakistan muslim personal law shariat application act, 1962 west pakistan family courts act, 1964.
Nafqah basically includes food, clothing and lodging. This act may be called the muslim family laws amendment act, 2005. The muslim family law ordinance, 1961 hereafter mflo is the most significant but controversial reform law in pakistan. West pakistan family courts act 1964 law firm in pakistan. Friday november 20, 2009 aljumaa thoul hijjah 03, 1430 sukravara karthika 29, 1931, at 02. The muslim family laws ordinance promulgated by the pakistan government in march 1961.
May 06, 2015 muslim wifes right of maintenance pakistan law may 6, 2015 by gulbaz mushtaq maintenance under muslim law is known as nafqah which means what a man spends over his family. Family court deemed to be a district court for purposes of guardians and. The objective of the round table was to examine the. Gender and equality in muslim family law justice and ethics. Muslim family law ordinance, 1961 personal laws relating to muslim inheritance, marriage registration, polygamy, divorce, dowry and maintenance of the wives and children. A muslim husband is bound to maintain his wife under muslim law. Provincial assembly of punjab amended the muslim family laws ordinance 1961 mflo in 2015, to include some important provisions for the protection of women. Essay on section 4 of muslim family laws ordinance 2815. Dmma and the muslim family laws ordinance, 1961 hereafter. Now, therefore, in pursuance of the proclamation of the seventh day of october 1958, and in exercise of all powers enabling him in this behalf, the president is pleased to make and promulgate the following ordinance. Sep 28, 20 1 this ordinance may be called the muslim family laws ordinance, 1961. The muslim family laws ordinance the muslim family laws ordinance mflo 1961 introduced reforms regarding registration of marriages, and in default of such registration, penalties of fine and imprisonment have been prescribed.
Feb, 20 the muslim family laws ordinance, 1961 is the outcome of the muslim personal law shariat application act 1937 continues to govern the application of muslim family law in bangladesh. Dr masud also declared the muslim family laws ordinance 1961 not a comprehensive set of code to follow marriages, divorce and dowry matters but compilation of few amendments in the british rules. Stay of proceedings by the high court and district courts. Validity of marriage registered under the muslim family laws ordinance, 1961, not to be questioned by family courts. In exercise of the powers conferred by section 11 of the muslim family laws ordinance, 1961 viii of 1961, the governor of west pakistan is pleased to make the following rules, namely. Muslim wifes right of maintenance pakistan law gul. Subject to any general or special orders of government in this behalf a family court. In 1961 the muslim family laws ordinance was passed, drawing much criticism from religious leaders. Pakistan brought a major change in 1961 by section4 of the muslim family laws ordinance mflo. President is pleased to make and promulgate the following ordinance. The west pakistan rules under the muslim family laws ordinance, 1961 gazette of west pakistan, extraordinary, 20th july, 1961 no. To this extent, the law has failed to achieve the proclaimed objective. A critical reading of the constitution and the legal edifice of the islamic republic of pakistan for gender equality.
Registration of marriages by licensed nikah registrars has been made compulsory, while marriages not solemnized by a licensed nikah registrar can be reported and the person responsible. What are muslim family laws in pakistan pakistani law firm. Whereas it is expedient to give effect to certain recommendation of the commission on marriage and family laws. After partition in 1947, the legislation relating to muslim family law introduced under british rule continued to govern personal status. Pdf this article critically examines instances of judicial activism in the field of. Muslim family laws ordinance pakistani law firm page 2. An ordinance to give effect to certain recommendations of the commission on marriage and family laws. Sep 20, 2017 talaq nama divorce deed and notice to chairman u.
The pakistan federal shariat court, section 4 of the muslim. These rules may be called the west pakistan rules under the muslim family laws ordinance, 1961. Divorce law is often dependent on the religion of the parties. Nevertheless, muslim marriages are still legal and valid if they are performed according to the requisites of islam. Whereas it is expedient to give effect to certain recommendations of the commission on marriage and family laws now, therefore, in pursuance of the proclamation of the seventh day of october, 1958, and in. Muslim family laws ordinance, 1961 and schedule of the family courts act 1964 the lahore high court in a case muhammad aslarn v muhammad usman 2004 clc 473 took note of the following issues. Constitutional recognition of islamic family law and sharia courts in. In 1955, muhammad ali bogra, the then prime minister of pakistan, married his secretary while still legally married to his first wife. The west pakistan rules under the muslim family laws. Pdf talaq and the muslim family law ordinance, 1961 in.
Gender and equality in muslim family law justice and. West pakistan rules under the muslim family laws ordinance. Ziba mirhosseini contemporary notions of justice, informed by the ideals of human rights, equality and personal freedom, depart substantially from those that underpin rulings in classical fiqh islamic jurisprudence and established understandings of the shari. Finding islamic family law islamic family law research. Family laws ordinance, 1961 punjab judicial academy. Muslim family laws ordinance, 1961 viii of 1961 an ordinance to give effect to certain recommendations of the commission on marriage and family laws. Mar 12, 20 1 this ordinance may be called the muslim family laws ordinance, 1961.
Section 9 muslim family laws ordinance, 1961 maintenance. The muslim family laws ordinance mflo, 1961 was promulgated to, inter alia, safeguard matrimonial rights of women. The punjab muslim family laws amendment act 2015 courting. In exercise of powers conferred by section 11 of the muslim family laws ordinance, 1961 viii of 1961, the governor of west pakistan is pleased to make the following rules, namely. Thus, in situations where we reach a deadlock, we can combine hanafi, maliki and shafiee together and.
Marriage between petitioner and respondent was solemnized in accordance with provisions of muslim family laws ordinance, 1961 in pakistanrespondent divorced petitioner, which was endorsed by arbitration council and same was declared to be effectivevalidityoriginally both petitioner and respondent. In pakistan, muslim marriage and divorce is governed by the muslim family laws ordinance, 1961. Whereas it is expedient further to amend the muslim family laws ordinance 1961 ord viii of 1961 for the purposes hereinafter appearing. Family courts act, 1964 had overriding effect on sect.
Other articles where muslim family ordinance is discussed. Family court has exclusive jurisdiction us 5 including the custody and guardianship matters. The most important of the personal laws in pakistan affecting women in their daytoday lives is the muslim family laws ordinance mflo, 1961 that regulates marriage, divorce, and inheritance. Commission aihrc, conducted a roundtable titled comparative analysis of family law in the context of islam between august 15 and 17, 2006 with the participation of experts on law from bangladesh, egypt, malaysia and pakistan. Punjab assembly pass amendments in five laws including. The issue of the share of a grandchild under section 4 of the muslim family laws ordinance 1961 has been hotly debated since its inception. Right to maintenance forms a part of the personal law.
Obligation of a husband to maintain his wife arises out of the status of the marriage. The punjab assembly today passed amendments in five laws including child marriage restraint act,1929, muslim family law ordinance, 1961, family courts act 1964, partition of immovable property act 2012 and land revenue act 1967 which will come into force at once. This ordinance was originally in the federal ambit, however, the subject on which this law was enacted devolved to the provinces by virtue of 18 th amendment in the constitution, hence, it was adapted, with amendments, for the province of the punjab by the muslim family laws amendment act 2015 xiii of 2015. He also authorized the development of familyplanning programs that were aimed at tackling the dilemma of pakistans growing population. The muslim family laws ordinance, 1961 is the outcome of the muslim personal law shariat application act 1937 continues to govern the application of muslim family law in bangladesh. In exercise of the powers conferred by section 11 of the muslim family laws ordinance, 1961 viii of 1961, the governor of.
The article ignites the old debate mainly to reevaluate the arguments of its non islamicity according to orthodox islamic law as well as the federal shariat court and to critically analyse the mis. Legislation foi freedom of information every citizen. In bangladesh the same law has become accepted through the promulgation of the laws continuance enforcement order, 1971. Talaq and the muslim family law ordinance, 1961 in. Punjab assembly pass amendments in five laws including child. Amendment in sections 5 and 7 of the muslim family laws. Is a muslim wife entitled to nafqah or maintenance even if she owns property. Offence of zina enforcement of hudood ordinance, 1979. Currently the following family laws are in existence in pakistan. The lahore high court in a case muhammad aslam v muhammad usman 2004 clc 473 took note of the following issues. Grant of past and future maintenance of minor children. West pakistan rules under the muslim family laws ordinance, 1961. Reenacted and modified by the muslim family laws amendment ordinance 1985.
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