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.]

Court Marriage (Nikkah) in Pakistan

The process of court marriage is to supply copies of National Identity Card (CNIC), Two copies of passport size photos with white or blue background. Proper verification of age and identity. The minimum age for a Girl (Lady, Woman) to get married is 16 and for a boy (Man) is 18 years. Age verification is necessary & the same can be done by way of producing copies of “National Identity Card (CNIC)”, “Form B” or Educational Certificate (S.S.C, Matric). 

Court Marriage Nikkah

Procedure of court marriage is: Girl having age more than 18 years can contract marriage in the court with her own freewill and wish without the will of her parents. Law give her right. For court marriage only CNIC or other document for the proof of her age is sufficient. The girl have to personally appear in the court who will execute the freewill and on the basis of her freewill her marriage (Nikah) will be performed. For marriage performance at least two witnesses are required.

Parents cannot cancel Marriage (Nikah), Parents can only pressurize her/his to file the divorce case in the court. She (Girl, Lady, Woman, Bride) can get divorce from the court and Man (He, Man, Groom) can pronounce divorce her. Otherwise there is no other way for the cancellation of the Marriage (Nikah). 

Legal Marriage age for Girl is 16 years old and for boy is 18 years old. If you want to marry before this age you are required Guardian Permission. For Registration of Marriage you are required , Pakistani ID , Form B or Educational Certificate for verification of Date of Birth.


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Main Lajpalan De Lar Lagiyan- Farhan Ali Qadri With Lyrics

Main Lajpalan De Lar Lagiyan- Farhan Ali Qadri

Mein lajpalan day lar lagiyan meray to gham paray rehnday

Meri aasan umidan day sada butay haray rehnday.

Khayal e yaar wich main mast rehnda haan dinay rateein

Meray dil wich sajan wasda meray deeday tharay rehnday.

Dua mangiya karo sangiyo kithay murshid na rus jaway

Jinhaan day peer rus janday oh junday wii marray rehnday.

Kadhi wii lor nahin paindi main noun dar dar tay jawan di

Main lajpalan da mangta haan meray palay bharay rehnday.

Niyazi (Molana Abdul Sitar Niazi) main noun gham kahda? meri nisbat aye lasani

Kisay day rehn jo bankay kasam Rab di kharay renday.

How To Win The Heart Of Husband

In the Name of Allah, the Most Compassionate, the Most Merciful

Winning the Husband – Saving a Marriage!

May Allah bless you and your family to live in peace and harmony!

Marriage is an institute which can be as firm as a rock or weak as a thread, it is up to the partners to make it either one.    Due to the influence of Shaytaan, bad desires and environment outside and inside the home, sometimes a married man starts making an affair with a non-Mahram woman and may lose interest in his own wife at home.  This article discusses some causes of this problem and a few suggestions for the wife to re-gain her husband’s love.   

At the time of concern and tension in domestic affairs, review your life pattern to see in how many ways you can improve yourselves.

Protection of eyes:

This is one of the biggest concerns in the Ummah today, affecting both the young an old.  The outside environment (streets, markets, workplaces, social events) and media inside homes (TV, magazines, internet) are filled with opportunities to look at non-Mahram faces.   If someone does not protect the eyes and looks with lust and desires, his heart may be occupied with dozens of beautiful faces and may easily forget his own wife.

Disrespect and quarrels at home:

Even if the wife is sincere in her heart, sometimes abusing the tongue on domestic issues may lead the husband to feel disrespected.  If the wife does not treat the husband well, he may find more peace talking to strange women outside home.   Usually the people outside home (for example, at the markets and social events) appear more polite, smiling and keeping a soft and sweet-tone.  This is a ‘big competition’ for the spouse at home to surpass the loving and admiring attitude experienced in the outside world!

Forgiveness and Winning the Heart:

Remember the teaching of the Islam to win the heart:

•          Repel evil with good deeds;

•          Join relations with the one who cuts it with you;

•          Make Salaam to one who does not make Salaam;

•          Forgive those who did bad to you;

•          Keep politeness in all talk, with respect and love;

Allah says in the Noble Qur’an:

“The good deed and the evil deed cannot be equal. Repel (the evil) with one which is better (i.e. Allah ordered the faithful believers to be patient at the time of anger, and to excuse those who treat them badly), then verily! he, between whom and you there was enmity, (will become) as though he was a close friend.” [41:34].

“But none is granted it (the above quality) except those who are patient, and none is granted it except the owner of the great portion (of the happiness in the Hereafter i.e. Paradise and in this world of a high moral character). “[41:35].

This life is all about controlling desires and protecting from the traps of Nafs (self) and Shaytaan.  This is a temporary life where desires and feeling may not be fulfilled completely - the place for enjoyment and desires is Jannah.  This life is all about responsibilities, fulfilling others rights and following the commands of Allah and Sunnah.

List of husband’s likes and dislikes:

Living closely for a period of time, the wife knows the secrets of do’s and don’ts which pleases the husband.  At the time of difficulty and concern, when the husband is not behaving well, extra precaution should be taken and a “selfless” attitude is needed to win his heart.

Make an extra effort to improve your character and fulfill your husbands rights with humility, and Allah will elevate you in your husband's (and everyone) eyes, as the Prophet (Sallallaho Alaihe Wasallam) has said," the one who lowers himself for the pleasure of Allah, Allah elevates him. "

If there are particular things that the husband likes, make extra effort in doing it before he asks.  Also, don’t think about his bad qualities, instead concentrate on the good he has.  Remember that Allah has chosen you both to be husband and wife out of His wisdom. 

Looking for rights or love?

“Do not go by the book of ‘My Rights’.  Go by the book of Love, Ihsaan and khidmat.  In other words, if every person goes out of his or her way to fulfill the rights of others, instead of demanding his or her own rights, or goes a step further than just fulfillment of rights, i.e. he or she goes out of his or her way to be kind, caring, loving and forgiving, then automatically this world will become a paradise.” (Hedyatus Saalikeen, selected quotes by Shaykh Yunus Patel, 1998, South Africa)

A warm-welcome of the husband:

When a husband enters home and looks at the wife with love and mercy and wife also looks at the husband with love and mercy, Allah looks at both of them with mercy.  

Entering and leaving home with salam and du’a keeps Shaytaan away.

The beauty and attraction of a woman is for her husband only.  The wife at home should adorn herself for the husband when he arrives home and meet with him cheerfully.  On the other hand, when a woman goes out of her home (for example, for a social event), she should wear simple and modest clothing and observe complete Hijaab in front of non-Mahram.  In practice, this is not followed in today’s society which opens the door of immodesty.

Recommended Readings for wife:

The Rights of Husband by Shaykh Hakeem Muhammad Akhtar

http://www.khanqah.org/books/show/the-rights-of-husband

The Rights of a Husband and his Status* by Shaykh Mufti Muhammad Taqi Usmani

*Discourses on Islamic Way of Life volume-2, Darul-Ishaat, Karachi, Pakistan (translation of Islahi Khutbaat, translated by Iqbal Hussain Ansari)

Recommended Readings for Husband:

The Rights of Women by Shaykh Hakeem Muhammad Akhtar

http://www.khanqah.org/books/show/rights-of-women

The Status and Rights of a Wife in Islam* by Shaykh Mufti Muhammad Taqi Usmani

Status of Woman in Islam by Shaykh Ahmed Abdul Mujeeb Qasmi (translated by Muhammad Owais Jafrey) http://www.islameasy.org/K225_WomenInIslam.php

Islam is the only religion which has given woman the status in accordance to her nature and determined her rights and duties according to her personality. Islam gave woman that dignity which no other ideology or faith has ever given.   This 3-part lecture series talks about the status and role of women in society, removes misconceptions and shows how Islam elevates the status of a daughter, sister, wife and mother

  

Note: 

SWT =  Subhanahu Wa Ta'Ala

SAW =  Sallallaho Alaihe Wasallam

AS   =   AlehisSalamRA =     Radhiyallaho anhu

RAnha= Radhiyallaho anha

JUMMA MUBARAK

BEST JUMMA MUBARAK WALLPAPERS

My Final Journey

I am lying on the bed. My children, brothers and sisters are all sitting by my bedside. Some close friends too are standing and overlooking my face.

Suddenly I start breathing with long breaths. Someone among the people sitting in the room starts to recite, Surah Ya'sin. Everyone around repeats with the reciter. My breath starts to ease out. I am opening my eyes and looking at something. Angel of death has arrived. I am getting late for the eternal journey. My mouth has opened up. My brother is dropping some water into my mouth, it is perhaps the "Zam Zam" water which I had preserved for the very moment.

Then everyone starts to recite, "Laa'ilaaha I'llallaah Muhammadur Rasoolullaah".

I have lost my vision. I have lost my tongue, I have even lost my sensation but I can still hear. I can hear my loved ones weeping in grief. I'm not dead yet but I am almost lifeless. Angel of death makes the final act and takes my soul out with an intensive jerk. I have now left this world.

All my wealth, cars, properties, bank balances, contacts and connections are of no use now. My identity is my grave and I am being referred to as 'dead body'.

My near ones are preparing my grave and some of them think it as inauspicious to keep the dead body inside the house for too long. The house which I myself built and lived in is shrinking in space for me.

My bath is being prepared. I am taken out in the compound for the final bath. My bathroom fitted with expensive bath fittings is not for me now.

I am being wrapped in the white cotton shroud. I am boxed in a wooden box for the travel to my grave. My expensive car is not for me now.

For what then did I amass so many worthless things?

Why did I lie to earn the useless wealth? It is of no use to me.

Woe to me for I wasted my life in vain!

I forgot that my last journey is near and certain.

Why did I sin so much?

Oh! I have lost my game!

Now stop imagining. This is going to happen one day with you and me. So be prepared.

Good deeds will make your journey and the life of the Hereafter pleasant!

Remember death. It is certain!! It is so near!!

This world is just a short dream.

Ya Allah

Ya Karim

Ya Gafar 

Ya Rahim 

Ya Mujib

FOUR DOS AND DONTS FOR WOMEN

FOUR DOS AND DONTS FOR WOMEN

DOS

1: Be jolly and you shall enter your husband’s heart from the widest of its gates because the man doesn’t like the depressed and gloomy woman and he loves the woman who minimizes problems and the stresses of life. And constantly say “Allaah is Kareem” so your heart shall be relaxed.

2: Be patient because patience is the key to relief, and if you see in your husband that which doesn’t please you, pick the appropriate time to talk and avoid the times when he is tired and avoid solving the conflict through SMS or MMS. 

3: Be satisfied with little because it has been said about being satisfied with little that it is a treasure that never ends. Do not insist on too many extra things if he cannot afford it because the one who has the moon is not in need of the stars. 

4: Take care of your appearance and decorate yourself for him because most women only decorate themselves when they are going out and that is a mistake because your husband takes precedence to be decorated for. And do not make your taking care of the house and the kids a reason to neglect your outward appearance because inserting happiness into the heart of the husband is a rewardable act.

DONTS

1: Do not be the type that throws things in his face because the male doesn’t like the woman who throws things in his face and constantly mentions “I sacrificed for you, I did such and such for you…” and if you had sacrificed and been patient for the sake of Allaah then you have the reward, in shaa’ Allaah.

2: Do not be a chatterbox and babble about things that have no benefit in them and avoid obscure questions that are difficult to answer, and if you see your husband speaks little, then that might be because there is something on his mind. 

3: Do not exaggerate in your jealousy for him because love is not measured by the degree of jealousy you have for him. Severe jealousy suffocates the man and it might lead to problems that might lead to divorce. Rather feel protective of his Religion as much as the amount of your love for him.

4: Do not raise your voice to your husband and hurt him with speech and actions even if he fell short towards you and don’t forget that the Messenger of Allaah, Sallallaahu ^alayhi wa sallam, said (what means) “The woman does not harm her husband in the dunyaa except that his wife from among the Hoor Al-^Een says, ‘Do not harm him, may Allaah destroy you. Indeed he is with you temporarily and soon he will be with us’.” 

In conclusion, my sister, always remember the saying of the Prophet, Sallallaahu ^alayhi wa sallam, “The dunyaa is a mataa^ and the best mataa^ of the dunyaa is the pious woman”. 

The dunyaa will not remain forever and the victorious one will triumph with Paradise, so make your husband an avenue for you to reach Paradise.