Obaidul huq chowdhurys hand book of muslim family laws. The share of orphaned grandchildren under islamic law and. These rules may be called the west pakistan rules under the muslim family laws ordinance, 1961. Stylistic analysis of the muslim family laws ordinance 1961 article pdf available in international journal of applied linguistics and english literature 31 february 2015 with 1,535 reads. 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. Muslim family lawsapplicable to muslim citizens of pakistan wherever they may be. 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. In 1955, muhammad ali bogra, the then prime minister of pakistan, married his secretary while still legally married to his first wife. West pakistan rules under the muslim family laws ordinance, 1961. Provisions of muslim family laws ordinance, 1961 not affected. Muslim family laws ordinance viii of 1961 and muslim family laws rules 10 of jul 1961. Previous legislation on the matter had allowed for employment of other modes of talaq.
The security of pakistan amendment ordinance, 1961 xiv of 1961. Divorce under the muhammadan law and section 7 of the. 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. In this paper the muslim family laws ordinance 1961 of the islamic republic of pakistan has stylistically been. Divorce law is often dependent on the religion of the parties. Sep 28, 20 1 this ordinance may be called the muslim family laws ordinance, 1961. Family court has exclusive jurisdiction us 5 including the custody and guardianship matters. A critical reading of the constitution and the legal edifice of the islamic republic of pakistan for gender equality. Muslim family laws ordinance, 1961 viii of 1961 an ordinance to give effect to certain recommendations of the commission on marriage and family laws. Muslim family laws ordinance 1961 pakistani law firm. 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. 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. 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. Finding islamic family law islamic family law research. This act may be called the muslim family laws amendment act, 2005. The punjab muslim family laws amendment act 2015 courting. Dissolution of muslim marriages act of 1939 in pakistan code vol. He also authorized the development of familyplanning programs that were aimed at tackling the dilemma of pakistans growing population. Application of muslim family laws ordinance 1961 pakistani. 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. The lahore high court in a case muhammad aslam v muhammad usman 2004 clc 473 took note of the following issues. Muslim family laws ordinance 1961 prescribes only this mode of talaq. Talaq and the muslim family law ordinance, 1961 in. This is a lacuna in law which needs to be cured by adding minor children beside the expression wife or wives in section 9 of the ordinance. In pakistan, muslim marriage and divorce is governed by the muslim family laws ordinance, 1961.
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. Offence of zina enforcement of hudood ordinance, 1979. Stylistic analysis of the muslim family laws ordinance 1961. The jammu and kashmir administration of property ordinance, 1961 iii of 1961. The articles which are included are central to the interests of influential groups in many islamic countries. The aim of this book is to cover the current research into the most challenging areas of islamic family law. 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. To this extent, the law has failed to achieve the proclaimed objective. After the first and the second repudiation the situation is the same as.
May 12, 2014 the major findings are that the vast majority of muslim, as well as some non muslim scholars, consider representational succession as a rewriting of the islamic law of inheritance. The associated press of pakistan taking over ordinance, 1961 xx of 1961. West pakistan rules under muslim family laws ordinance, 1961 10th july 1961 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. 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. The nonperformance of marital obligations, impotency, insanity, leprosy, virulent. Friday november 20, 2009 aljumaa thoul hijjah 03, 1430 sukravara karthika 29, 1931, at 02.
Short title, extent, application and commencement 1 this ordinance may be called the muslim family laws ordinance, 1961. The pakistan federal shariat court, section 4 of the muslim. Now, therefore in pursuance of the proclamation of the seventh day of october. Muslim family law ordinance, 1961 by regan ahmed issuu.
Muslim family law ordinance 1961 css regarding youtube. Currently the following family laws are in existence in pakistan. Muslim family laws ordinance 1961 muslim family laws ordinance, 1961 viii of 1961 an ordinance to give effect to certain recommendations of the commission on marriage and family laws. 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. 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. Section 4 of the muslim family laws ordinance, 1961.
Discuss and critically analyze the muslim family law. These rules may be called the west pakistan rules under the muslim family. See also the dissent of the sole alim on the commission, ibid. An ordinance to give effect to certain recommendations of the commission on marriage and family laws. The muslim family law ordinance, 1961 hereafter mflo is the most significant but controversial reform law in pakistan. The control of shipping ordinance, 1959 xiii of 1959. Section 4 of muslim family laws ordinance term paper. 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.
Gender and equality in muslim family law justice and ethics. In the light of the above stated principles of the muhammaden law with respect to divorce we shall now examine the provisions of s. This law incorporates islamic provisions within its fold. Talaq and the muslim family law ordinance, 1961 in pakistan. Family courts to inform union councils of cases not registered under the. Section 9 muslim family laws ordinance, 1961 maintenance. It is effected by three repudiations in three successive clean periods. Punjab assembly pass amendments in five laws including. Validity of marriages registered under the muslim family laws ordinance, 1961, not to be questioned by family courts. To amend the administration of estates act, 19, as applied to the territory by proclamation 52 of 1921, to amend the liquor licensing proclamation, 1920, the licences consolidation ordinance, 1935, the criminal procedure and evidence proclamation, 1935, the arms and ammunition proclamation, 1938, the general law. West pakistan rules under muslim family laws ordinance, 1961. The west pakistan rules under the muslim family laws ordinance, 1961 gazette of west pakistan, extraordinary, 20th july, 1961 no. The muslim family laws ordinance promulgated by the pakistan government in march 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 how is muslim family laws. Reenacted and modified by the muslim family laws amendment ordinance 1985. The muslim family laws ordinance mflo, 1961 was promulgated to, inter alia, safeguard matrimonial rights of women. The muslim family laws ordinance, 1961 nasirlawsite. 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.
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. Pdf talaq and the muslim family law ordinance, 1961 in. 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. Amendment in sections 5 and 7 of the muslim family laws.
General law amendment ordinance of 1962 namibia legal. 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. Mar 12, 20 1 this ordinance may be called the muslim family laws ordinance, 1961. Section 19 decree for maintenance memo of appeal decree being for less than rs. President is pleased to make and promulgate the following ordinance. West pakistan rules under the muslim family laws ordinance. In bangladesh, the minimum ages are 18 and 21 years old for females and males respectively according to the child marriage restraint amendment ordinance 1984.
Other articles where muslim family ordinance is discussed. Dr masud also declared the muslim family laws ordinance 1961 not a comprehensive set of code to follow marriages, divorce and dowry matters but. 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. Sep 28, 20 west pakistan rules under muslim family laws ordinance, 1961 10th july 1961 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. 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. 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. Sep 20, 2017 talaq nama divorce deed and notice to chairman u. Provided that the commissioner of a division may, on an application made in this behalf and for reasons to be recorded, transfer an. 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. Muslim family law ordinance, 1961 personal laws relating to muslim inheritance, marriage registration, polygamy, divorce, dowry and maintenance of the wives and children. 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. Whereas it is expedient further to amend the muslim family laws ordinance 1961 ord viii of 1961 for the purposes hereinafter appearing.
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