EXTRACTS FROM THE MUSLIM FAMILY LAWS ORDINANCE

1. Ordinance to override other laws, etc.: (1) the provision s of this Ordinance shall have effect notwithstanding any law, custom or usage, and the registration of Muslim marriages shall take place only in accordance with those provision.

(2) for the removal of doubts, it is hereby declared that the provision of the Arbitration Act, 1940 the Code of Civil Procedure, 1908 and any other law regulating the procedure of Courts shall not apply to any Arbitration Council.

2. Succession: in the event of the death of any son or daughter of the propitious before the opening of succession, the children of such son or daughter , if any, living at the time the succession opens, such per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received, if alive.1

3. Registration of marriages: (1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provision of this Ordinance.

(2) for the purpose of registration of marriages under this ordinance, the union council shall grant license to one or more persons, to be called Nikah Registrars, but in no case shall more than on Nikah Registrar be licenses for any one ward.

(3)Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance, be reported to him by the person who has solemnized such marriage.

(4)Whoever contravenes the provisions of subsection (3) shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(5)The form of mikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriages shall be registered and copied of nikhmnama shall be supplied to the parties and the fess to be charged thereof, shall be such as may be prescribed.

(6)Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

4. Polygamy: (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under sub-section.

(1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state the reasons for proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto.

(2)the receipt of the application under sub-section

(3) the Chairman shall ask the applicant and his existing wife or wives each onto nominate a representative, and the Arbitration council so contributed may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any as my be deemed fit, their permission applied for.

(4)decided the application the Arbitration Council shall record its reasons for the decision, and any party may, in the prescribed manner, with in the prescribed period, and on the payment of the prescribed fee, prefer an application for revision, in the case of West Pakistan, to the Sub-Divisional Officer concerned and this decision shall be final and shall not be called in question in any Court.

(1) Any man who contracts another marriage without permission of the Arbitration Council shall—

(a) pay immediately the entire amount of the dower, whether prompt if deferred, due to the existing wife or wives, which amount if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.1

(2) Talaq:

(1) Any man who wished to divorce his wife shall, as soon as may be, after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) whoever contravenes the provision of sub-section (1) shall be punishable with simply imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both.

(3) Save as provided in subsection (5), a talaq unless revoked earlier expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration council for the purpose of bringing about a reconciliation between the parties and the Arbitration Council shall take all steps necessary t bring about such reconciliation.

(5) If the wife be pregnant at the time the talaq is pronounced, talaq shall not be effective until the period mentioned in the sib-section (3) or the pregnancy, whichever be later, ends.

(6) Nothing shall debar a wife whose marriage has been terminate by talaq effective under this section from re-marrying the same husband without an intervening marriage with a third person, unless such termination is for the third time to effective.

6. Dissolution of marriage otherwise than by talaq: Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by talaq the provisions of Section 7 shall, mutates mutandis and so far as applicable, apply.

1. Maintenance: (1) If any husband fails to maintain his wife adequately, or where there are more wives that 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 Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

2. Dower: where no details about the mode of payment are specified in the mikahnama, or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.

9.Amendment of child Marriage Restraint Act, 1929 : In the Child Marriage Restraint Act, 1929 –Minimum age for marriage both for boys and girls

(1) in section 2,--

(a) in clause (a), for the word “fourteen” the word “sixteen” shall be substituted;

(2) in Section 4, for the words “twenty-one” the word “eighteen” shall be substituted.



1 P L D 1968 Lh. 520.

1 P L D 1971 Kar. 139.

THE DISSOLUTION OF MUSLIM MARRIAGE ACT
(VIII OF 1939)


[ An Act to consolidate and clarify the provisions of the Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.]

whereas to is expedient to consolidate and clarify the provisions to Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie: it is hereby enacted as follows:--

1. Short title and extentL1) this Act may be called the Dissolution of all Marriages Act, 1939.

(a) It extends to all the Provinces and the Capital of the Federation.

2. Grounds for decree for dissolution of marriage: A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one of more of the following grounds, namely:--

(i) that the whereabouts of the husband have no been known for a period of four years;

(ii) that the husband has neglected of has failed to provide for her maintenance for a period of two years;

(ii-1) that the husband has taken an additional wife in the contravention of the provision of the Muslim Family Laws Ordinance, 1961;

(ii) that the husband has been sentenced to imprisonment for a period of seven years o r upwards.

KNOW THY RIGHTS
A letter to the Editor
[“the Muslim” Islamabad, July 26, 1980]


Thank you for your editorial on the “Rights of Women” and for your championing the cause of women emancipation so correctly and forcefully. We need this support badly today in this unhappy country of ours.

Miss Gulzar Bano, leader of Pakistan delegation to Copenhagen has correctly pointed out “the lack of consciousness and knowledge of their r own rights by women of Pakistan.” I have witnessed personally, almost for the last 20 years, even since the Muslim Family Laws were introduced, the utter ignorance of educated girls about this great stride taken in principle in recognition of their rights. They do not have a clue as to what it is about they sign the nikah forms without so much as reading it. they do not even that their signature against clause 18 gives them the right to divorce the husband. No wonder “some one” at the nikah ceremony scratches out the clause without so much as taking the permission of the bride. Many suffer when marriage fails to work out, and all that one can is in such a situation is that they deserve to suffer. Ignorance of ones rights is no excuse for forgiveness.

Again you have very well said that “Pakistan falls far behind in fulfilling privileged provided to women by our religion.” Indeed we are being denied all to what is provided by our religion! Even Muslims Family Laws, a small though a fundamental stop taken to fulfill Quranic order is constantly threatened. In such circumstances I do now know how we can proclaim to the world that we stand for equality of the sexes. Are the women of Pakistan aware of the danger? Are they prepared to fight for their rights against the relentless forces of the “New Dark Ages”?

It is an obvious truth as emphasized by you that short of the difference in sex for which nature is responsible all discrimination must be obliterated. After all sex difference is purely biological, and is meant to perpetuate the human specie. It is a serious role not to be prostituted and dehumanized. In this context omen must be told that are not created as a play thing for men. They are not toys and dolls. They are human beings enjoying all human rights as a matter of right. They must not allow themselves to be used as sex symbols. The biblical theory of Adam and Eve that denigrates women must be analyzed, exposed and rejected.

All this can be achieved by launching a campaigning, as rightly suggested by you, centered on “know thy rights”. This campaign will go a long way to make a womanish exhibitionism and flaunt her sex around, instead of the ‘chadar’, donning of which will lead to the perversion rather than to moral evolution of men and women.

Miss Shamsa Sani, Lahore