As per Lawkidunya, The Muslim Family Laws Ordinance, 1961, is a law in Pakistan that regulates the family law of Muslims in the country. The Ordinance was enacted on March 15, 1961, and it has undergone several amendments since then.
Key Provisions of Muslim Family Laws Ordinance 1961
1. Registration of Marriages: The Ordinance makes it mandatory for all Muslim marriages to be registered with the relevant authorities.
2. Dower: The Ordinance provides for the payment of dower (mahr) to the bride by the groom, and specifies the minimum amount of dower that must be paid.
3. Polygamy: The Ordinance regulates polygamy among Muslims, and requires the husband to obtain permission from the Arbitration Council before marrying again.
4. Divorce: The Ordinance provides for the procedure for divorce, including the requirement for the husband to pronounce “talaq” (divorce) three times, and the wife’s right to seek divorce through the court.
5. Maintenance: The Ordinance provides for the payment of maintenance to the wife and children by the husband.
6. Inheritance: The Ordinance regulates the inheritance of property among Muslims, and provides for the distribution of property according to Islamic law.
Amendments of Muslim Family Laws Ordinance 1961
7. The Muslim Family Laws (Amendment) Act, 2015: Amended the Ordinance to provide for the registration of marriages and divorces, and to regulate the procedure for divorce.
8. The Muslim Family Laws (Amendment) Act, 2018: Amended the Ordinance to provide for the protection of women’s rights, and to regulate the procedure for divorce.
Impact of Muslim Family Laws Ordinance 1961
9. Protection of Women’s Rights: The Ordinance has helped to protect the rights of Muslim women in Pakistan, including their right to dower, maintenance, and inheritance.
10. Regulation of Family Law: The Ordinance has helped to regulate family law among Muslims in Pakistan, and has provided a framework for the resolution of family disputes.
11. Promotion of Islamic Values: The Ordinance has helped to promote Islamic values and principles in family law, and has provided a mechanism for the implementation of Islamic law in Pakistan.