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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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