Sunday 23 November 2014

AUTHENTIC METHOD OF DIVORCE



Each single divorce period is Three month according to the Qur’an and hadith.
Procedure and various condition has been lay down 
[Note: for more detail on methods of Talaaq see Question no 45 
Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (Very lightly(like: with miswak) as symbolic beating ); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all). 
[Al-Qur’an ch 4 Verses 34]
If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers;
[Al-Qur’anch4Verse35]
Divorced women shall wait concerning themselves for three monthly periods. 
[Al-Qur’anch2Verse228]
FIRST DIVORCE:
DISPUITES RAISED
After marrying if the dispute raised between them the procedure as follow:
[Note: for more detail on methods of Talaaq see Q: 45]
RECONCILIATION:
Firstly, Husband and Wife they should have private meeting for the reconciliation 
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Still the things not settle down peacefully between them then as a last resort 
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again. 
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If they wife and husband return within the three month , then there is no divorce, if they won’t return back then first divorce is complete , both of them got separated , If later they realized that they did the mistake, if they want to marry again they can marry again . 
“Do not prevent them marrying their previous partner”
[Al-Qur’an ch 2 Verses 232]
SECOND TIME DIVORCE
2) After first divorce, if they want to marry again they can but. New marriage contract, New MAHR. MEHER: Marital gift in cash given at that time to bride on marriage or later can be given, should be fixedat the time of the marriage. Meher is compulsory to solemnize the marriage.
DISPUITES RAISED AGAIN
After marrying again there is dispute raised again then procedure is same as previous.
RECONCILIATION
Firstly, Husband and Wife they should have private meeting for the reconciliation 
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Then
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If they wife and husband return within the three month , then there is no divorce, if they won’t return back then second divorce is complete , both of them got separated later they realized that they did the mistake if they want to marry again they can marry again .
THIRD TIME DIVORCE
3) Even third time is the same after Second divorce, if they want to marry again they can but. New marriage contract, New MEHER(Marital gift in cash given at that time or later can be given to bride on marriage its compulsory to solemnize the marriage ).
Note: No require of third person or party for marring the pervious partner: seen part “B”.
DISPUITES RAISED AGAIN
After marrying again there is dispute raised again then procedure is same as previous.
RECONCILIATION:
Firstly, Husband and Wife they should have private meeting for the reconciliation
Secondly, Bring the Arbitrary from the both sides for the reconciliation. Then
Thirdly, Say “I divorce you” (Talaaq) wait for the three month for the reconciliation again.
“and take for witness two persons from among you(Good Muslims While divorcing”
[Al-Qur’an Ch 65:2].
If the wife and husband return within the three month, then there is no divorce, if they won’t return back then the third divorce is complete.
NOW THREE DIVORCE IS COMPLETED
4) Fourth time if they want to marry again, then she can’t marry unless she marry the another person and take divorce from him. Because Islam given a very high priority to the Marriage and given various conditions for the divorce, it’s not like a toy game, marry and divorce, marry and divorce, marry and divorce …
WHY?
After three divorces, they not allowed to marry their previous partner .Why?
After the three divorce she should marry to another person, not like planning some people do that I will spend with you one night and two night then I will give you divorce then marry previous partner its absolutely harram Zina(Adultery) details discuss below. When she marry the another person, if she satisfied with her second partner no problem but if She realized that second partner (husband) not better then first ex-Husband. The first (ex-Husband) one was more take caring of me then present husband. If she want to take divorce from him, same procedure of divorce and if she want to marry her first ex-husband and he (ex-Husband) too agree then it’s allowed or she can marry any another Muslim Man. And I not come across in my whole life have seen that someone given three times divorce according to Islamic methods and fall in such situations want to marry same person for the fourth time. First time or second time is the last.
PART :B
TAHLEEL MARRIAGE (HALALA) IS HARAAM AND INVALID
If a man divorces his wife for the third time, then she is not permissible for him to marry until she has married another man, because Allaah says (interpretation of the meaning): 
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband” 
[Al-Qur’an ch 2 Verses 230]
It is stipulated that this marriage which will make her permissible for her first husband should be a valid marriage. Temporary marriage (mut’ah marriage) or marriage for the purpose of making her permissible for her first husband then divorcing her (tahleel marriage) are both haraam and invalid according to the vast majority of scholars, and it does not make the woman permissible for her first husband. 
See: al-Mughni (10/49-55).
There are saheeh ahaadeeth from the Prophet (peace and blessings of Allaah be upon him) which show that tahleel marriage is haraam. 
Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the muhallil and the muhallal lahu.” This was classed as saheeh by al-Albaani in Sunan Abi Dawood. 
The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband. 
Ibn Majaah (1936) narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allaah. He said, “He is al-muhallil. May Allaah curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah. 
‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.” 
This applies whether he states his intention clearly when doing the marriage contract and they stipulate that when he has made her permissible for her first husband he will divorce her, or they do not stipulate that and he intends it to himself only.
Al-Haakim narrated from Naafi’ that a man said to Ibn ‘Umar: I married a woman and made her permissible for her first husband, and he did not tell me to do that and he did not know. He said: No, marriage should be based on genuine intentions; if you like her then keep her, and if you do not like her then leave her. He said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) we would regard that as zina. And he said: They will still be adulterers, even if they remain for twenty years.
Imam Ahmad was asked about a man who married a woman intending thereby in his heart to make her permissible for her first husband, but the woman did not know about that. He said: He is a muhallil, and if he intends thereby to make her permissible for her first husband, then he is cursed.
Based on that, it is not permissible for you to marry this woman if you intend thereby to make her permissible for her first husband. Doing that is a major sin, and the marriage will not be valid, rather it is zina – Allaah forbid.

Muhammad (Salalao Alahi Wasalam) is the Messenger of Allah


Saturday 13 September 2014

Official Announcement

I Officially announce as a owner of this site that this site completely support the version of Imran Khan and Its my humble request to you all please support Imran Khan and PTI.

Friday 4 April 2014

BEST ISLAMIC STORY

What a pretty Story!


Long time past in China, a woman named Li-Li got married and visited brook her husband and mother.
In a terribly short time, Li-Li found that she couldn’t get
along with her mother at all. Their personalities were terribly completely different, and Li-Li was
angered by several of her mother-in-law’s habits. In
addition, she criticized Li-Li perpetually.
Days passed days, and weeks passed weeks. Li-Li and her mother ne'er stopped argument and fighting. however what created things even
worse was that, in keeping with ancient Chinese tradition, Li-Li had to bow to her mother and adjust her each would like. All the anger and
unhappiness within the house was causing the poor husband nice distress.
Finally, Li-Li couldn't stand her mother-in-law’s bad temper and absolutism any more, and she determined to try and do something regarding it.
Li-Li visited see her father’s sensible friend, Mr. Huang,
who sold  herbs. She told him things and asked if he would offer her some poison so
that she could solve the problem once and for all. Mr. Huang thought for a short time, and finally aforesaid, “Li-Li, i will be able to help you solve your drawback, but
you must hear me and adjust what I tell you.”
Li-Li said, “Yes, Mr. Huang, i will be able to do whatever you tell
me to do.” Mr. Huang went into the back room, and
returned in a few minutes with a package of herbs.
He told Li-Li, “You can’t use a quick-acting poison to
get obviate your mother, because that would cause individuals to become suspicious. Therefore, I actually have given you variety of herbs that will slowly
build up poison in her body. each different day prepare
some delicious meal and put a bit of those herbs in
her serving. Now, in order to create sure that no-one
suspects you when she dies, you need to be terribly careful to act terribly friendly towards her. Don’t
argue with her, adjust her each would like, and treat her like a queen.”
Li-Li was so happy. She thanked mr. Huang and flying home to start her plot of murdering her mother.
Weeks glided by, months glided by, and every different day, Li-Li served the specially treated food to her mother. She remembered what mr. Huang had aforesaid regarding avoiding suspicion, so she controlled
her temper, obeyed her mother, and treated her like her own mother. when six months had passed, the total home had modified.
Li-Li had practiced dominant her temper so much that she found that she nearly ne'er got mad or upset. She hadn’t had associate degree argument in six months with her mother- relation, UN agency now appeared a lot of
kinder and easier to get in conjunction with.
The mother-in-law’s perspective toward Li-Li modified, and she began to love Li-Li like her own girl. She unbroken telling friends and relatives that Li-Li was the most effective in-law one could ever find. Li-Li
and her mother were now treating each other like a real mother and girl.
Li-Li’s husband was terribly happy to ascertain what was
happening.
One day, Li-Li came to ascertain mr. Huang and asked for his facilitate again. She said, “Mr. Huang, please facilitate me to prevent the poison from killing my mother-in-law! She’s become such a nice woman, and I
love her like my own mother. I do not want her to die
because of the poison I gave her.”
Mr. Huang smiled and nodded his head. “Li-Li, there’s nothing to stress regarding. I ne'er gave you any poison. The herbs I gave you were vitamins to enhance her health. the only poison was in your mind and your perspective toward her, however that has been all washed away by the love that you gave to her.”

Saturday 29 March 2014

Maula Ya Salle Wasallim Junaid Jamshed With Lyrics


Maula Ya Salle Wasallim Junaid Jamshed by f100001310478741


Jalwa-e-Janaan, Jalwa-e-Janaan
Jalwa-e-Janaan, Jalwa-e-Janaan

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Na Koi Aap Sa Ho Ga Na Koi Aap Jesa Tha
Koi Yusaf Say Poochay Mustufa Ka Husn Kesa Tha
Zameen-o-Aasmaan Main Koi Bhi Misaal Na Mili

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Daleel-e-Zindagi Wo Hain Kamaal-e-Bandagi Wo Hain
Koi Bhi Daur Ho Us Main Meraj-e-Aadmi Wo Hain
Wohi Toh Deen-o-Duniya Hai Jo Baatain Aap Nay Kahin

Jalwa-e-Janaan, Jalwa-e-Janaan
Jalwa-e-Janaan, Jalwa-e-Janaan

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kull’ini

Rasulullah Habibulllah Imam Al Mursaleen
Rasulullah Habibulllah Imam Al Mursaleen

Koi Bhi Baat Ho Har Hukm Unka Mutabar Aisa
Kay Un Ka Haan Nahin Kehna Bhi Hai Quran Kay Jesa
Hadith-e-Paak Kehlaain Jo Baatein Aap Nay Kahin

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kull’ini

Durrod Un Par Salaam Un Par Yehi Kehna khuda Ka hai
Khuda Kay Baad Jo Hai Martaba Salle Ala Ka Hai
Wohi Sardaar-e-Alam Hain Wohi Gham`Khwaar-e-Ummat Hian
Wohi Toh Hashar Kay Maidan Main Sab Ki Shifa’at Hain
Shifa’at Kay liye Sab Ki Nazar Un Par Lagi Ho Ge

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Maula Yaa Salli Wa Sallim Da’aiman Abadan
Ala Habibika Khairi Khlaqi Kulli’ini

Balaghal Ula Bikamali With Lyrics


Farhan Ali Qadri Balaghal ula bikamalihe by farhanaliqadri

Balaghal ula bikamali kasha fadduja bijamalihi
Hasunat jamiu hisaalihi sallu aleyhi wa aalihi
Meyn buron say laakh bura sahi magar un say he mayra waasta
Mayri laaj rakhna mayray khuda yay tayray habeeb ki baat he
Karuun tayray naam pay jaan fida na bas eyk jaan do jahaan fida
Do jahan say bhi nahiin ji bhara karun kya karoron jahan nahiin
Tayray zikr ki he yay barkatayn mayray bigray kam sanwar ga-ay
Jahaan tayri yaad ho dilnasheen wahiin rahmaton ka nazool he
Tayri deed jis sko naseeb he wo naseeb qaabil e deed he
Tayra daykhna mayri eid he tayra rukh kalaam e majeed he
Aaway karma wali fayr o gharii phira meyn madinay gali gali
Fayr saadi wi howay haazri saaday waastay koii dua karay
Ho daruud tujh pay bhi aamina tayray chaand par bhi salam ho
Tayri goad kitni azeem he mila tujh ko maah e tamaam he
He yay aarzu jo ho surkhru milay do jahaan ki aabru
Meyn kahun ghulam huun apka wo kahayn kay hamko qabul he
Balaghal ula bikamali kasha fadduja bijamalihi
Hasunat jamiu hisaalihi sallu aleyhi wa aalihi.

BEST ISLAMIC SHORT SMS


  • Do you feel trapped? Remember Musa (AS) in front of the Red Sea. When no eyes could see a way out, his heart never lost trust in Allah to make a way out. And that's exactly what happened!
  • "One of the very first lessons that we learn from the story of Adam and Hawwa' (peace be upon them): the first step to success is to begin with self-criticism. "They said, 'Our Lord, we have wronged ourselves…'" [Surat al-A`raf: 23]"
  • The best of men are those who are best to their wives (Prophet Muhammad). Love is not specified to one day!
  • Our Prophet cooked, cleaned and took the trash out. He didn't treat his wives like maids. He treated them like partners. Be like Muhammad. Peace and Blessings be upon him
  • A meaningful silence is always better than meaningless talks.
  • In the eyes of people, a thousand rights are ignored for one wrong but in the Eyes of the Almighty, a thousand wrongs are ignored for one right.
  • Don’t compare your results to someone else’s. You can never be another person , you can only be a better version of yourself
  • You admire a Celebrity that doesn't know you exist while you forget the ONE that made you exist. SubhanAllah !
  • Loving your spouse for the sake of Allah entails that you love them even during those times when they're not lovable.
  • “Start a business of worshiping Allah, and all types of profits will come to you without needing any capital.” — Malik ibn Dinar
  • "Allah manages everything in the heavens and earth—the sun, the moon, the stars—with perfection, and yet we don’t trust Him to manage our lives!"



BEST ISLAMIC SMS WEBSITE


Friday 28 March 2014

JUMMA MUBARAK WALLPAPER


Never-ending fight between the ills and goodness



This is absolutely true that from the inception there found a never-ending fight between the ills and goodness.


What are (ills) buraee and goodness???

In fact (ills) badness is the daughter of sins and goodness is the daughter of virtues (naekie)
The act of frequent ills takes us in the lap of sins and its final destination is displeasure of ALLAH as well the dwelling place is hellish well.
On the contrary, the act of performing a little virtuous deed takes us closest to ALLAH (The only one and true god)
and makes us apple of his eyes ,

COMMANDING OFFICER S OF THESE TWO FIGHTERS

MR DEVIL CURSED ‘; He always gives direction and allures the human beings by creating attractive form and charm, he pre –shadows and exhibits the fascinating conclusions of any devilish deed. He mesmerizes the senses and benumbs the chamber of brain , which has an ability to discriminate between badness and goodness.Thus ,behind the whole strategy of hailing or inviting the (ills) Mr Devil as commanding officer plays vital role and all the credit of human s destruction goes to commanding officer . The person who gets trapped means killed by the bullet of (ills) or badness and who fires the bullet Mr Devil (yes) sure

MR PIOUS CONSCIENCE . Allah has born a hidden conscience in the existence of every one who remains alive till the last breath, actually he is our real commander n chief to restrict us against going astray , he time to time admonishes us and frightens about the will of creator, but he has no enchanting sources except saying ( to suppress the wishes and show patience) , It becomes very difficult and at times impossible to bridle back the fast –running blooded youth, against the compliance of devil

STRONGEST WEAPON OF CONSCIENCE AGAINST DEVIL

Holy Quran ;, In Holy Quran ALLAH says that (GREATEST PEACE YOU WILL FIND IN YOUR SOUL IF YOU TAKES MY NAME AND PRAYS ME IN ABUNDANCE) 

Holy Quran In Holy Quran Allah says that (DEVIL IS YOUR OPEN ENEMY )


My dear friends I prepared this topic to make you feel that all our happy moments come to us by the will of ALLAH if we will care in complying the ALLAH ,HE WILL DEFINITELY KEEP US HAPPIEST 

REMEMBER DEVIL HAS 6 SIX WEAPONS TO DESTROY YOU 
1 ANGER
2 BAD LANGUAGE WHICH HURTS OTHERS
3 DISHONESTY
4 EVERY ACT WHICH CAUSES TO BRING ALLAHs DISPLEASURE
5 HYPOCRISY AND FALSEHOOD
6 INJUSTICE


WISH U BEST OF LUCK

M ASIF ANSARI 
DEDICATED TO 
SINCERE FELLOWS

BEST REGARDS 

Thursday 27 March 2014

Talaq-e-Tafweez



WHAT IS TALAQ-E-TAFWEEZ?

Talaq e tafweez - A husband may delegate his power to give Talaq to any third party or even to his wife. This delegation is called tafweez. An agreement made either before or after the marriage providing that the wife is at liberty to divorce herself from her husband under certain specified conditions (e.g. husband taking a second wife), is valid, provided that such power is not absolute and unconditional and that the conditions are reasonable and are not opposed to public policy.

In Mohd Khan vs Mst Shahmali AIR 1972, there was a pre-nuptial agreement in which the defendant agreed to live in plaintiff's parental house after marriage and if he left the house, he would pay a certain sum to the plaintiff, the default of which the condition would act as divorce. It was held that the condition was not unconscionable or opposed to public policy.
Note that a wife does not divorce her husband but gets herself divorced from the husband.Ameer Ali gives three kinds of tafweez - (This is given in Aqil Ahmed's book. I have no idea what is the difference between the three).Ikhtiar - giving her authority to Talaq herself.Amr-bayed - leaving the matter in her own hands.Mashiat - giving her the option to do what she likes.
This does not deprive the husband from his right to give Talaq.Talaq e taliq - It means contingent divorce. Under the Hanafi law, pronouncement of divorce may take effect immediately or at some future time or event. 



(a) Muslim Family Laws Ordinance (VIII of 1961)---

---Ss. 7 & 8---Talaq-e-Tafweez---Scope---Kinds---Power to give divorce vested with the husband who might delegate the same to the wife or to a third person---Person to whom such power was delegated might then pronounce the divorce accordingly---Such divorce was known as "Talaq-e-Tafweez"---Delegation of power called "Tafweez" by the husband to his wife, conferred on her the power to divorce herself---Tafweez was of three kinds; Ikhtiar; Amr-ba-yed and  Mashiat---Wife could not sue to enforce the authority to have been given to her but she could  sue  after  she  had  given  effect  to  it  to  make  the  husband liable  for  her  dower  or  to  restrain  from  seeking  conjugal relations.

            PLD  1995  Lah.  187;  1999  YLR  2399  and  PLD  2011  Lah. 265  rel.

(b) West Pakistan Family Courts Act (XXXV of 1964)---

----S. 5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Ss.7 & 8---Constitution of Pakistan, Art.199---Constitutional petition---Talaq-e-Tafweez---Scope---Suit for recovery of maintenance allowance and dower---Contention of the wife was that due to cruel and humiliating attitude of the husband she was compelled to exercise her right of delegation of divorce---Validity---Wife was entitled to exercise her right of Talaq-e-Tafweez and to be separated from her husband---Same could not be termed as Khula---Talaq once pronounced would be effective after expiry of 90 days---Nikah Nama with all its contents had been admitted by the husband---Right of divorce had been delegated to the wife by the husband---No condition or contingency existed in the Nikah Nama---Wife had exercised delegated power of divorce and had repudiated herself through notice  duly served upon the husband and copy of which was sent to Union Council in view of Ss.7 & 8 of Muslim Family Laws Ordinance, 1961 stating therein that by virtue of Talaq-Tafweez it was not possible for her to live with the husband as wife---Notice was exhibited without any objection on the part of husband---Once a person pronounced divorce, the power so delegated became irrevocable and such would operate as Talaq of the wife by the husband---Dissolution of marriage in the present case could not be considered as divorce by khula---Husband admitted that the dower was rightly fixed but failed to prove the payment of the same---Both Courts, in  circumstances,  had  rightly  decreed  the  amount  of  dower  in favour of wife---Constitutional petition was dismissed.
(2013 C L C 1625)

THE MUSLIM FAMILY LAWS ORDINANCE, 1961


THE MUSLIM FAMILY LAWS ORDINANCE, 1961
[ORDINANCE NO. VIII OF 1961]
[15th July, 1961}
Preamble. 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 all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:
1. Short title, extent, application and commencement. (1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961.
(2) Its extends to the whole of Pakistan, and applies to all Muslim citizens of Pakistan, wherever they may be.
(3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint in this behalf.

2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or context: --
(a) 'Arbitration Council' means a body consisting of the Chairman and representative of each of the parties to a matter deal with in this Ordinance:
Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council;
(b) 'Chairman' means the Chairman of the Union Council or a person appointed by the Central or a Provincial Government, or by an officer authorized in that behalf by any such Government, to discharge the functions of Chairman under this Ordinance:
Provided that where the Chairman of the Union Council is non-Muslim or he himself wishes to make an application to 'the Arbitration Council, or is owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall select one of its Muslim members as Chairman for the purposes of this Ordinance;
(c) 'Prescribed' means prescribed by rules made under section 11;
(d) 'Union Council' means the Union Council or the Town Committee constituted under the Basic Democracies Order, 1959 (P.O (No, 18 of 1959), and having in the matter jurisdiction as prescribed;
(e) 'Ward,' mean a ward within a Union or Town as defined in the aforesaid Order.

3. Ordinance to override other laws, etc. (1) The provisions 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 these provisions.
(2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940 (X of 1940), the Code of Civil Procedure 1908 (Act V of 1908), and any other law regulating the procedure of Courts shall not apply to any Arbitration Council.

4. Succession. 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 the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.

5. Registration of marriages. - (1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.
(2) For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licences to one or more persons, to be called Nikah Registrars, but in no case shall more than one Nikah Registrar be licensed 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 sub-section (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 nikahnama, the registers to be maintained by Nikah Registrars, the recorders to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikahnama shall be supplied to the parties, and the fees 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.

6. 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 reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.
(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions if any, as may be deemed fit, the permission applied for.
(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, in the case of West Pakistan to the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer concerned and his decision shall be final and shall not be called in question in any Court.
(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,
(a) pay immediately the entire amount of the dower whether prompt or 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.

7. Talaq. - (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple 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 sub-section (5) 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 conciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effect until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

8. 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 dissolves the marriage otherwise than by talaq the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

9. 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 Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.
(2) 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, in the case of West Pakistan, to the Collector and, in the case of East Pakistan, to the Sub-Divisional Officer concerned and his decision shall be final and shall not be called in question in any Court.
Any amount payable under Sub-section (1) or, (2) if, not paid in the due time, shall be recoverable as arrears of land revenue.
PUNJAB AMENDMENT-PUNJAB ACT XI OF 1975
Amendment of Section 9 of Ordinance VIII of 1961. In the Muslim Family Laws Ordinance, 1961 in section 9, in sub-section (2), the full-stop occurring at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely: -
'Provided that the Commissioner of a Division may, on an application made in this behalf and for reasons to be recorded, transfer an application for revision of the certificate from a Collector to any other Collector, or to a Director, Local Government, or to an Additional Commissioner in his Division'.

10. Dower. Where no details about the mode of payment of dower are specified in the nikahnama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.

11. Power to make rules. The Provincial Government may make rules to carry into effect the purposes of this Ordinance.
The rules made under this section in the former Province of West Pakistan are given at page 28 (infra} in this Manual. (Deleted by Ordinance XXVII of 1981.

12. Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929).
In the Child Marriage Restraint Act. 1929 (XIX of 1929)-
(1) In section 2; --
(a) in clause (a) for the word 'fourteen' the word sixteen' shall be substituted ;
(b) in clause (c), the word 'and' shall be omitted, and
(c) in clause (d), for the full-stop at the end, a comma shall be substituted and thereafter the following new clause (e) shall be added, namely :-
(e) 'Union Council' means the Union Council or the Town Committee constituted under the Basic Democracies Order, 1959 (P.O. No. 18 of 1959), within whose jurisdiction a child marriage is or is about to be solemnized.'
(2) Section 3 shall be omitted.
(3) In section 4, for words 'twenty-one' the word 'eighteen' shall be substituted.
(4) In section 9, after the words 'under this Act', the words 'except on a complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe, and such cognizance shall in no case be taken' shall be inserted ; and
(5) Section 11 shall be omitted.]
Scope and object. The amendment of Child Marriage Restraint Act, 1929 has made the following changes in existing law :-
(1) A female under 16 years age shall be a child under the Act and it would be an offence to marry her.
(2) Previously male who married a child was liable to punishment under the Act if he was above 21 years of age. Now that age has been reduced to 18 years, so that a male of 18 years marrying a girl under 16 years of age would be liable to punishment under section 4 of the Act.
(3) Under section 9 offences under the Act would be cognizable only on the complaint made by the Union Council, or if there is no Union Council in the area, by such authority as the Provincial Government may in this behalf prescribe.
(2. Deleted by Ordinance XXVII of 1981.)

I3. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939). In the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), in section 2:
(a) After clause (ii), the following new clause (ii-a) shall be inserted, namely
(ii-a) that the husband has taken any additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961'; and
(b) In clause (vii), for the word 'fifteen' the word 'sixteen' shall be substituted.]


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