Adv Ch Shahid Bhalli

Key Provisions of Muslim Family Laws Ordinance 1961

As per Lawkidunya, The Muslim Family Laws Ordinance, 1961, is a law in Pakistan that regulates the family law of Muslims in the country. Here are some key provisions of the Ordinance:

Registration of Marriages

1. Mandatory registration: The Ordinance makes it mandatory for all Muslim marriages to be registered with the relevant authorities.
2. Registration procedure: The Ordinance outlines the procedure for registering marriages, including the requirement for the bride and groom to provide identification and witnesses.

Polygamy

1. Restrictions on polygamy: The Ordinance restricts the practice of polygamy among Muslims, requiring the husband to obtain permission from the Arbitration Council before marrying again.
2. Conditions for polygamy: The Ordinance outlines the conditions under which a husband may be granted permission to marry again, including the requirement that he demonstrate his financial ability to support multiple wives.

Divorce

1. Talaq: The Ordinance regulates the procedure for divorce by talaq, requiring the husband to pronounce the word “talaq” three times in the presence of witnesses.
2. Notice of divorce: The Ordinance requires the husband to provide written notice of his intention to divorce his wife to the Chairman of the Union Council.

Maintenance

1. Obligation to maintain: The Ordinance requires the husband to maintain his wife and children, and outlines the factors to be taken into account in determining the amount of maintenance.
2. Arrears of maintenance: The Ordinance provides for the recovery of arrears of maintenance, and outlines the procedure for doing so.

Inheritance

1. Devolution of property: The Ordinance regulates the devolution of property among Muslims, and outlines the shares of the heirs.
2. Will: The Ordinance provides for the making of a will, and outlines the formalities required for a valid will.

Guardianship

1. Appointment of guardian: The Ordinance provides for the appointment of a guardian for minor children, and outlines the factors to be taken into account in making such an appointment.
2. Powers and duties of guardian: The Ordinance outlines the powers and duties of a guardian, including the requirement to manage the property of the minor and to provide for their maintenance and education.

Arbitration Council

1. Establishment of Arbitration Council: The Ordinance establishes an Arbitration Council to deal with disputes arising out of Muslim marriages.
2. Powers and functions of Arbitration Council: The Ordinance outlines the powers and functions of the Arbitration Council, including the power to mediate disputes and to make decisions on matters such as maintenance and custody.

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