Muslim Family Laws Ordinance, 1961
[2nd March, 1961]
Section 1. Short title, extent, application and commencement
This Ordinance may be called the Muslim Family Laws Ordinance, 1961.
It extends to whole of the Punjab, and applies to all Muslim citizens of Pakistan, wherever they may be.
It shall come into force at once.
Section 4. Succession
If a propositus’s son or daughter dies before the succession opens and that son or daughter has children, those children shall get a share of the inheritance that is equal to the share their parent would have received if alive.
Section 5. Registration of marriage
Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.
The Union Council shall grant licenses to one or more persons, who shall be called Nikah Registrars, to register marriages.
The Nikah Registrar or the person who solemnized a Nikah shall accurately fill all the columns of the Nikahnama from with specific answers of the bride or the bridegroom.
Every marriage not solemnized by the Nikah Registrar shall be reported to him by the person who solemnized the marriage, for the registration under this Ordinance. If the person violates the provision, he shall be punishable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.
The copies of nikahnama, and the record preserved by Union Councils, shall be supplied to parties involved in the marriage. The fees for the nikahnama shall be charged as may be prescribed. Any person can inspect or obtain a copy of the records preserved by the Union Council.
Nikahnama
Nikahnama is a very important document, and all its columns are legally binding on both parties. Any right given through Nikahnama to the woman is strictly protected by law. The woman may sue her husband regarding the past maintenance allowance based on the agreement in Nikahnama. [2022 CLC 24]
Anything contained in Nikahnama which is against the spirit of Islam or the orders of Allah and the Prophet (peace be upon him) cannot bind the parties even if it has been made with the consent of the parties. [2022 CLC 24]
Law does not permit other the challenge the validity of nikahnama when its contents are admitted by the husband and the wife. [PLD 2009 Lah. 546]
Non registration of marriage does not make the performance of Nikah invalid. However such person may be held liable under Section 5(4) of Muslim Family Law Ordinance, 1961. [2009 MLD 962]
Consent of Wali
Consent of ‘wali is not required and sui juris Muslim female can enter into a valid marriage of her own free will. [PLD 2008 Lah. 479]
Section 6. Polygamy
No man shall contract another marriage during the subsistence of an existing marriage, without the permission of the Arbitration Council.
In order to get permission for second marriage, an application shall be submitted to the Chairman with the prescribed fee and state the reasons for second marriage and whether consent from previous wife or wives has been obtained.
On the application for second marriage, the Chairman shall ask the applicant and his existing wife or wives to nominate a representative, and if the Arbitration Council is satisfied that the marriage is necessary, he may be granted permission.
The Arbitrator Council shall make a decision and record its reasons. Any party, within the prescribed period, may prefer an appeal for revision to the Collector concerned, and his decision shall be final. It shall not be called into question in any Court.
If a man gets married without the permission of the Arbitration Council, he has to pay immediately the amount of dower, whether prompt or deferred to his existing wife or wives, and on conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees.
Contracting of second marriage
It has not expressly declared the subsequent marriage illegal and has merely prescribed a procedure to be followed for the subsequent marriage and punishment for its non-observance. [PLD 2000 FSC]
Section 7. Talaq
(1) A man who wishes to divorce his wife shall give notice in writing to the Chairman and also shall supply a copy to the wife.
Where the parties belong to Fiqah-e-Jafria
The man may voluntarily and with his free will pronounce himself or through duly authorized attorney Talaq uttering in literal Arabic words in the physical presence of at least two witnesses qualifying the requirements of clause (1) of Article 17 of the Qanun-e-Shahadat, 1984.
The pronouncement of Talaq shall be ineffective if it is done jokingly or under anger, intoxication, insanity, duress or coercion of any kind.
In case of dispute, the parties may have recourse to a court of competent jurisdiction or by approaching the “Mujtahid-e-Alam” and the decision of Mujtahid-e-Alam shall have a status of an award and the same shall be dealt with in accordance with the provisions of the Arbitration Act, 1940.
The expression “Mujtahid-e-Alam (Faqih-e-Azam) means a juris consult, religious scholar or doctor of Shia school of thought
Punishment on contravenes
Whoever contravenes the provisions of Sub-section (1) shall be punished with simple imprisonment for a term up to one year, or with fine up to five thousand rupees, or both.
Effectiveness of talaq
Talaq shall be effective after the expiration of ninety days from the day on which the notice under sub section 1 was delivered to the Chairman.
Duty of Chairman
Within thirty days of receiving such notice, an Arbitration Council shall be constituted by the Chairman in order to bring about reconciliation between parties.
Talaq effectiveness during pregnancy
If wife is pregnant at the time when talaq is pronounced then it shall not take effect until the period of 90 days or pregnancy ends whichever comes later.
Remarriage without intervening
A woman whose husband has divorced her under this section may remarry the same without an intervening marriage with a third person. If the termination is effective for the third time, it shall not be valid.
Section 8. Dissolution of marriage otherwise than by talaq
Where the right to divorce has been delegated to the wife and she wishes to use it, or where any of the married parties wish to dissolve the marriage in a different way than talaq, the same rules from section 7 shall apply.
Section 9. Maintenance
If a father fails to maintain his child the mother or grandmother of the child may apply to the Chairman. The Chairman shall create an Arbitration Council. The Arbitration Council may issue a certificate specifying the amount which shall be paid by the father as maintenance of the child.
Application for revision of certificate
A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.
Recovery for payment
Any amount payable under Sub-section (1) or, (2) if, not paid in the due time, shall be recoverable as arrears of land revenue.
Section 10. Dower
If there is no details about how the dower shall be paid in the nikahnama or marriage contract, it is assumed that the dower shall be paid when it is demanded.