Pakistani Wedding Part 1

The Muslim Family Laws’ Ordinance, 1961
Introduction
An ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws.
Purpose is to regulate Muslim family laws in Pakistan.
Contact Advocate Ikyan Shah 0302-6111222
Advocate Ikyan Shah available for legal consultation regarding the Muslim Family Laws' Ordinance, 1961.
1. Short title, extent, application, and commencement
The ordinance is called the Muslim Family Laws Ordinance, 1961.
It applies to all Muslim citizens of Pakistan, regardless of their location.
The effective date will be notified by the Federal Government.
2. Definitions
Definitions of important terms used in the ordinance.
Advocate Ikyan Shah available for clarification and consultation.
3. Ordinance to override other laws, etc.
Provisions of this ordinance supersede any conflicting laws, customs, or usage.
Registration of Muslim marriages should follow the provisions of this ordinance.
Arbitration Council operates independently of other laws and regulations.
4. Succession
Rules regarding inheritance in case of the death of a son or daughter before the opening of succession.
A challenge to this section is pending before the Supreme Court.
5. Registration of marriages
Every marriage under Muslim law must be registered according to this ordinance.
Licensing of Nikah Registrars by Union Councils for marriage registration.
Non-compliance with registration requirements is punishable.
6. Polygamy
Conditions and procedure for a man to contract another marriage during the subsistence of an existing marriage.
Application for permission and decision-making process by the Arbitration Council.
Penalties for contracting another marriage without permission.
7. Talaq
Requirements for a man wishing to divorce his wife, including giving written notice to the Chairman.
Consequences of contravening the provisions.
Reconciliation efforts by the Arbitration Council.
Exceptions related to pregnancy and re-marriage.
8. Dissolution of marriage otherwise by 'talaq'
Provisions for divorce when the right to divorce is delegated to the wife or when parties wish to dissolve the marriage by means other than talaq.
9. Maintenance
Remedies available to a wife if the husband fails to maintain her adequately or fails to maintain multiple wives equitably.
Application process, decision-making by the Arbitration Council, and revision of the certificate.
Non-payment of maintenance can be recovered as arrears of land revenue.
10. Dower
Presumption regarding the payment of dower when no details are specified in the nikahnama or marriage contract.
11. Power to make rules
Authority of the Federal Government (for Cantonment areas) and Provincial Government (for other areas) to make rules to implement the ordinance.
Penalties for the violation of these rules.
Summary
The Muslim Family Laws' Ordinance, 1961, is an ordinance in Pakistan that regulates Muslim family laws. It covers various aspects such as marriage registration, polygamy, divorce (talaq), dissolution of marriage, maintenance, and dower. The ordinance supersedes conflicting laws, and the registration of Muslim marriages must follow its provisions. Legal consultation with Advocate Ikyan Shah (0302-6111222) is available for further guidance on the ordinance.

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