To this extent, the law has failed to achieve the proclaimed objective. The muslim family law ordinance, 1961 hereafter mflo is the most significant but controversial reform law in pakistan. The muslim family laws ordinance mflo, 1961 was promulgated to, inter alia, safeguard matrimonial rights of women. Muslim wifes right of maintenance pakistan law gul. Validity of marriages registered under the muslim family laws ordinance, 1961, not to be questioned by family courts. Gender and equality in muslim family law justice and. The changes in the law of marriage under muslim law. Finding islamic family law islamic family law research.
A muslim husband is bound to maintain his wife under muslim law. Sep 20, 2017 talaq nama divorce deed and notice to chairman u. 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. Provisions of muslim family laws ordinance, 1961 not affected. Section 9 muslim family laws ordinance, 1961 maintenance.
Unfortunately, pakistani law on talaq is one of the. This act may be called the muslim family laws amendment act, 2005. Muslim family law ordinance 1961 css regarding youtube. Tell a friend about us, add a link to this page, or visit the webmasters page for free fun content. Muslim family laws ordinance viii of 1961 and muslim family laws rules 10 of jul 1961. Muslim family laws ordinance how is muslim family laws ordinance abbreviated. 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. For the purposes of pakistani family law, the cornerstone of this foundation lay in the muslim family law ordinance mflo, passed in 1961.
In 1955, muhammad ali bogra, the then prime minister of pakistan, married his secretary while still legally married to his first wife. Under section 4 of the muslim family laws ordinance, an orphaned grandchild is entitled to the share of hisher predeceased parent. Is a muslim wife entitled to nafqah or maintenance even if she owns property. 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. See also the dissent of the sole alim on the commission, ibid. Family laws and judicial protection naheda mehboob ellahi advocate supreme court of pakistan 1.
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. Dissolution of muslim marriages act of 1939 in pakistan code vol. Nevertheless, muslim marriages are still legal and valid if they are performed according to the requisites of islam. What are muslim family laws in pakistan pakistani law firm. The articles which are included are central to the interests of influential groups in many islamic countries and. Divorcing ones wife is considered as one of the most hated but legal act by god, yet divorce do happen among married couples. In the muslim family laws ordinance, 1961, in its application to the province of the punjab, in section 9, in subsection 2, the fullstop occurring at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely. The muslim family laws ordinance, 1961 nasirlawsite. Harta sepencarian in malaysia has been governed under islamic family laws in the states of. Muslim family laws ordinance pakistani law firm page 2. Undoubtedly,section 4 is one of the most reformations done in the area of the islamic law of succession. Talaq and the muslim family law ordinance, 1961 in pakistan. This act continues to be applied today, practically in its original form, apart from certain amendments made by the muslim family laws ordinance, 1961. Provincial assembly of punjab amended the muslim family laws ordinance 1961 mflo in 2015, to include some important provisions for the protection of women.
Muslim family laws ordinance, 1961 viii of 1961 an ordinance to give effect to certain recommendations of the commission on marriage and family laws. To those who are not familiar with arabic and urdu terms used in muslim law, the subject may look to be easy to follow, but difficult to remember. Short title, extent, application and commencement 1 this ordinance may be called the muslim family laws ordinance, 1961. Similarly, the muslim personal law shariat application act was promulgated in 1937 to displace customary practice with regard to muslims. Muslims attach tremendous significance to issues involving talaq. Mar 12, 20 1 this ordinance may be called the muslim family laws ordinance, 1961. The pakistan federal shariat court, section 4 of the. Published by kazi pubns inc, lahore pakistan 1984 used. Amendment in sections 5 and 7 of the muslim family laws. In pakistan, where polygamy of four wives has not been totally abolished, it has been discouraged by making such laws8 under which, it is difficult to marry two or more wives.
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. All constitutions, therefore, embody the highest principles of civilized norms and behaviour and political aspirations. The pakistan federal shariat court, section 4 of the muslim. 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.
Maintenance under muslim law is known as nafqah which means what a man spends over his family. Muslim fam ily law s ordinance as comm ented b y ulama in t h e light o f the qur an sic and the sunnah hy derabad. Now, therefore in pursuance of the proclamation of the seventh day of october. Talaq and the muslim family law ordinance, 1961 in. In bangladesh the same law has become accepted through the promulgation of the laws continuance enforcement order, 1971.
There have been significant devlopments in the evolution of islamic law with respect to the family especially in those countries where the sharia tradition is influential. As regards divorce, section 7 of the muslim family law ordinance, 1961 recognizes that a man may divorce his wife in any of the modes recognized by islam. The west pakistan rules under the muslim family laws. In the muslim family laws ordinance, 1961 in section 9, in subsection 2, the fullstop occurring at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely. Nafqah basically includes food, clothing and lodging. Css muslim family law ordinance 1961 free entry test. Muslim family law ordinance, 1961 by regan ahmed issuu. Discuss and critically analyze the muslim family law.
Pdf talaq and the muslim family law ordinance, 1961 in. Section 4 of the muslim family laws ordinance, 1961. Punjab muslim family laws amendment act, 2015 pcsw. Pakistan brought a major change in 1961 by section4 of the muslim family laws ordinance mflo. The punjab muslim family laws amendment act 2015 courting. Offence of zina enforcement of hudood ordinance, 1979. Section 4 of muslim family laws ordinance term paper. Sep 28, 20 1 this ordinance may be called the muslim family laws ordinance, 1961. Muslim family lawsapplicable to muslim citizens of pakistan wherever they may be. The west pakistan rules under the muslim family laws ordinance, 1961 gazette of west pakistan, extraordinary, 20th july, 1961 no. An ordinance to give effect to certain recommendations of the commission on marriage and family laws. Interfere of section 4 of muslim family law ordinance 1961.
In this thread, i have shared the study material and notes for the llb subject family law. 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. 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. Muslim family laws ordinance 1961 pakistani law firm. Muslim family laws ordinance how is muslim family laws. Whereas it is expedient further to amend the muslim family laws ordinance 1961 ord viii of 1961 for the purposes hereinafter appearing. The attached ebook notes of family law contains selfprepared notes that will help you understand the concepts, theories and help you score well in semester examinations. Explaining fully the issue, argue for or against the provision. Likewise, in turkey the consent of minors guardian is necessary and sufficient for contracting minors marriage. Obaidul huq chowdhurys hand book of muslim family laws. Family courts to inform union councils of cases not registered under the muslim family laws ordinance, 1961. Provided that the commissioner of a division may, on an application made in this behalf and for reasons to be recorded, transfer an. Other articles where muslim family ordinance is discussed.
Constitutional instruments of different countries enshrine the noblest aspirations of their respective people. Essay on section 4 of muslim family laws ordinance 2815. 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. 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. Section4 the mflo1961 affects the fundamental principles of muslim law of succession. Muslim family laws ordinance, 1961 west pakistan muslim personal law shariat application act, 1962 west pakistan family courts act, 1964. A critic law, whether divine or manmade, is always for the wellbeing of the human beings. The students of law should develop familiarity with. Whereas it is expedient to give effect to certain recommendation of the commission on marriage and family laws.
Family courts to inform union councils of cases not registered under the. Normally, this is done by the husband thrice uttering the words i divorce you, in the presence of the wife and witnesses, where after notice has to be given to the chairman of the union. Section 6 of the muslim family law ordinance, 1961 deals with polygamy and lays down as follows. 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. Manual of family laws in pakistan being latest commentary on muslim family laws ord. The impact of the section 4 of the muslim family law ordinance, 1961 upon shariah laws of inheritance is to be analyzed properly. 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. Download citation section 4 of the muslim family laws ordinance, 1961. 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.
The aim of this book is to cover the current research into the most challenging areas of islamic family law. The lahore high court in a case muhammad aslam v muhammad usman 2004 clc 473 took note of the following issues. 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. 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. 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. 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. The mflo was a groundbreaking piece of legislation, supported mainly by those who aimed to secure the rights and interests of. Muslim family law ordinance, 1961 personal laws relating to muslim inheritance, marriage registration, polygamy, divorce, dowry and maintenance of the wives and children. What is important is not the letter of the constitutional. President is pleased to make and promulgate the following ordinance. He also authorized the development of familyplanning programs that were aimed at tackling the dilemma of pakistans growing population. These rules may be called the west pakistan rules under the muslim family laws ordinance, 1961. Reenacted and modified by the muslim family laws amendment ordinance 1985.