Contents

 Introduction 05

 Origin of family law 05

 Relevant Legislation 06

 Nature of family law 07

 Marriage 08

 Marriage Registration 08

 Polygamous Marriages 08

 Marriage age 08

 Child Marriage Restraint Act ,1929 08

 Dowry 09

 Divorce 09

 Custody of children 10

 Dissolution Of Muslim Marriage Act 10

 Law of inheritance 10

 Conclusion 11

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Abstract:

Family law, as the phrase is generally understood, deals with the creation and removal of legal
status, its consequences, and the protection (both physical and financial) of family members.
Family law is an area of the law that deals with family matters and domestic relations.It incudes
marriage,divorce,child custody,dower,Law of inheritance,etc.Number of legislation takes place
till now such as,Guardians and Wards Act, 1890,Child Marriage Restraint Act, 1929,Dissolution
of Muslim Marriages Act, 1939,Muslim Family Laws Ordinance, 1961,(West Pakistan) Muslim
Personal Law (Shariat) Application Act, 1962,(West Pakistan) Family Courts Act, 1964,Offence
of Zina (Enforcement of Hudood) Ordinance, 1979,Law of Evidence (Qanun-e-Shahadat) Order,
1984,Enforcement of Sharia Act, 1991,Dowry and Bridal Gifts (Restriction) Act,
1976,Prohibition (Enforcement of Hudood) Order, 1979,Offence of Qazf (Enforcement of
Hudood) Order, 1979,Execution of Punishment of Whipping Ordinance, 1979 (many provisions
of this Ordinance were repealed later on so as to limit the number of crimes to which it is
applicable).Family law includes Marriage matters,divorce,law of inheritance etc..About 97% of
Pakistan's population is Muslim so the Islamic law is implemented in Pakistan. Marriage in
Pakistan is a legal union between a man and a woman. According to Pakistani Islamic family law
the marraige has following steps;Offer,Acceptance,Consideration/Mahar,Witnessess,Prenuptial
Agreement,Wali. The Child Marriage Restraint Act ,1929 was amended in 1978. The giving of
dowry to the wife is a legal obligation, according to the provisions of sections 21 (1) and (2) of
the 1984 Islamic Family Law Act (Federal Territories), Act 303.This is the abstract of my
given assignment.

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INTRODUCTION:

According to Black’s law dictionary Family is collective body of persons who live in one house
and under one head or management. And legal definition of family law is, Statutes, court
decisions, and provisions of the federal and state constitutions that relate to family relationships,
rights, duties, and finances. Family law, as the phrase is generally understood, deals with the
creation and removal of legal status, its consequences, and the protection (both physical and
financial) of family members. It is concerned mainly with the nuclear family - that is, with the
relationships between spouses, and between parents (or guardians) and children. Members of the
extended family have some rights and come into the picture occasionally, as do local authorities
chiefly in their child protection role. The word "family" has various meanings: at its narrowest it
may describe the traditional "nuclear family" of a father, a mother and young children, but it has
much wider meanings too. It may include other relatives, adopted and fostered children, and
(increasingly these days) cohabitant of the same or different sexes. In every country there is
different family law. Given below is the origin and nature of family law in Pakistan. (black’s law
dictionary)

Origin of Family Law:

The legal system is based on English common law and Islamic law. The former is more
influential in commercial law while the later is more influential in personal status (and more
recently, criminal and tax law to some extent). (John A.S. 2001). (Zafar & Associates, 2014).

After the partition of India in 1947, the legislation relating to Muslim family law introduced in
British India continued to govern personal status. A seven-member Commission on Marriage and
Family Laws was established in 1955 with a remit to consider the personal status laws applicable
in the new state and determine the areas needing reform. The Commission submitted its report in
1956, suggesting a number of reforms, including, for example, the consideration of all triple
talaqs (except for the third of three) as single, revocable repudiations. The report led to much
debate, with many leading ulama (including Maulana Abual Ala Maududi, leader of the Jamaat-i-
Islami) opposing its recommendations. The Muslim Family Laws Ordinance, 1961 adopted some
of the provisions of the Report of the Marriage and Family Laws Commission, aiming to reform
divorce law and inheritance law relating to orphaned grandchildren, introduce compulsory
marriage registration, place restrictions on the practice of polygamy, and reform the law relating
to dower and maintenance in marriage and divorce, as well as to amend existing legislation with
relation to marriage age. Again, various sectors of the ulama regarded this as unjustified
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interference or tampering with the classical law. When the first Constitution of Pakistan was
finally promulgated in 1956, it included a provision that came to be referred to as the repugnancy
clause. This clause stated that no law repugnant to Islamic injunctions would be enacted and that
all existing laws would be considered in light of this provision, in order to institute appropriate
amendments. This repugnancy provision has been retained and actually strengthened in the
succeeding Constitutions.After a military take-over in 1999, the Constitution was again
suspended. During 2000, discussions continued about possible amendments to the Constitution.
(Zafar & Associates, 2014).

Schools of Fiqah

The predominant madhhab is the Hanafi, and there are sizeable Jafari and Ismaili minorities. The
legal status of the Ahmadis is somewhat unclear. They self-identify as Sunni Muslims, but were
declared non-Muslims by the state. In 1974, then-Prime Minister Zulfiqar Ali Bhutto finally
conceded to a long-standing campaign waged by conservative religious elements agitating for the
official designation of Ahmadis as non-Muslims. There have been Ahmadi initiatives to adopt a
modified version of the Muslim Family Laws Ordinance 1961 to be applied to Ahmadi personal
status cases. There are also Christians, Zoroastrian, Hindu, Sikh and Jewish minorities in
Pakistan.. (Zafar & Associates, 2014).

Relevant Legislation

Guardians and Wards Act, 1890

Child Marriage Restraint Act, 1929

Dissolution of Muslim Marriages Act, 1939

Muslim Family Laws Ordinance, 1961

(West Pakistan) Muslim Personal Law (Shariat) Application Act, 1962

(West Pakistan) Family Courts Act, 1964

Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Law of Evidence (Qanun-e-Shahadat) Order, 1984

Enforcement of Sharia Act, 1991

Dowry and Bridal Gifts (Restriction) Act, 1976

Prohibition (Enforcement of Hudood) Order, 1979

Offence of Qazf (Enforcement of Hudood) Order, 1979

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Execution of Punishment of Whipping Ordinance, 1979 (many provisions of this Ordinance were
repealed later on so as to limit the number of crimes to which it is applicable)

Reference: (Zafar & Associates, 2014).

Nature of family law

Family law is an area of the law that deals with family matters and domestic relations.It incudes
marriage,divorce,child custody,dower,Law of inheritance,etc..The nature of family law is
different in different country.In Pakisatn the nature of family law is different.Given below are
some

Notable features of Family law in Pakistan..

1:Marraige:

Marriage can be define as a social contract,Divine relation,Sunnah,mutual bound between

husband and wife. Marriage in Pakistan is a legal union between a man and a woman. Culturally,
it is not only a link between the husband and wife, but also an alliance between their respective
families. Because about 97% of Pakistan's population is Muslim so the Islamic law is usually
observed.The purpose of marraige is prosecution Of kids.According to Pakistani Islamic family
law the marraige has following steps

Offer

Acceptance

Consideration/Mahar

Witnessess

Prenuptial Agreement

Wali

Firstly offer is made by him(husband)then acceptance is made by her(wife). Mahar in Islamic

Law refers to the gift that must be given by the husband to the wife at the time of wedding.There
are three types of mahar,1.Deffered 2.Prompt 3.unspecified.Mahr which is given after the
dissolution of marraige is called deffered and which is given at the time of marraige is cslled
prompt. As witness there should be 2 males or 4 females but one male member is compulsory.
Women require a wali (guardian) who ensures and secures their rights. woman needs permission
from her wali to marry or whether she has the right to marry anyone whom she likes without
permission. The Shafi’i, Maliki and Hanbali schools say that nikah entered into by a woman
herself, without the permission of her wali, is invalid and void. The Hanafi ruling on this matter
is that a woman can enter into a marital contract by herself without permission from her wali. A
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prenuptial agreement (which is also called an antenuptial) agreement is a contract entered into by
a couple planning to be married. This contract specifies the married couple to be's individual
rights throughout the marriage and if their marriage should end. This agreement must be in
writing, signed by both parties. Reference:(lecture of Mr. Fraz Ashraf khan-lecturer)

Marriage Registration

The Muslim Family Laws Ordinance (MFLO), 1961 introduced reforms to various aspects of the
classical law. The reforms concern the registration of marriage and divorce, inheritance rights of
orphaned grandchildren, restrictions on polygamy, consideration of every talaq (except the third
of three) as single and revocable, formalisation of reconciliation procedures in disputes relating
to maintenance or dissolution of marriage, and recovery of mahr, along with specified penalties
for non-compliance.Penal sanctions for those in violation of mandatory registration requirements
for marriage; failure to register does not invalidate the marriage. The MFLO introduced marriage
registration and provides for penalties of fines or imprisonment for failure to register. However, a
Muslim marriage is still legal if it is contracted only according to the religious requisites.

online at(www.zallp.com/family.html)

Polygamous Marriages:

MFLO has also introduced some reforms in the law relating to polygamy. Now, a husband must
submit an application and pay a prescribed fee to the local union council in order to obtain
permission for contacting a second marriage. Thereafter, the chairman of the union council forms
an arbitration council with representative of both husband and wife/wives in order to determine
the necessity of the proposed marriage. The application must state whether the husband has
obtained consent of the existing wife or wives. Contacting a polygamous marriage without prior
consent is subject to penalties of fine and or imprisonment and the husband becomes bound to
make immediate payment of dowry to the existing wife or wives. Nonetheless, if the husband has
not obtained consent from the existing wife or wives the subsequent marriage remains valid.
(Mumtaz & Associates )

Marriage Age

18 for males and 16 for females; penal sanctions for contracting under-age marriages, though
such unions remain valid. Reference :[The Child Marriage Restraint Act, 1929
(19 of 1929)]

Child Marriage Restraint Act ,1929

Child marriage restraint act was made in 1929,which declared the punishments for a person
above and below age 21 on marrying a child. above eighteen years of age and below twenty one,
contracts a child marriage shall be punishable with simple imprisonment which may extend to
fifteen days, or with fine which may extend to one thousand rupees, or with both .and above
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twenty one years of age, contracts a child marriage shall be punishable with simple
imprisonment which may extend to three months and shall also be liable to fine.

Reference :[The Child Marriage Restraint Act, 1929

(19 of 1929)]
Dowry:

The giving of dowry to the wife is a legal obligation. According to the provisions of sections 21
(1) and (2) of the 1984 Islamic Family Law Act (Federal Territories), Act 303 reads as
follows:3

(1) The dowry must be paid by the groom or his representative

to the bride or her representative before the person solemnising

the marriage and at least two other witnesses.

(2) The registrar shall, with respect to each marriage to be

registered, ascertain and record:-

a) the value and particulars of the dowry;

b) the value and particulars of gifts;

c) the values and particulars of any part of the dowry or gifts or both which

have been promised but not paid at the solemnization ceremony, and the

promised date of payment; and

d) the particulars of the security given for the payment of dowry and gifts

.referrence:

Dowry (MAHAR) From An Islamic Perspective Available

(://www.islam.gov.my/sites/default/files/mahar_from_islamic_perspective.pdf)

Divorce:

When husband and wife cannot live happily together within the limits prescribed by Almighty
Allah then they can dissolve their marriage through divorce or khula. The husband can
pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce
Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts,
circumstances, drawbacks, challenges and solutions. Khula is the right of a wife in Islam to seek
dissolution of marriage from her husband through intervention of the court. A woman seeks a
“khula” while man gives a “Talaq”. Under the Muslim Family Laws Ordinance any man who
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wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq/Divorce in
any form whatsoever, give a notice in writing to the chairman of the Union Council and also
send a copy to the wife. Within thirty days of the receipt of notice of Talaq chairman shall
constitute an arbitration council for the purpose of bringing about reconciliation between the
parties and after expiry of ninety days if reconciliation fails divorce will take effect. If wife is not
delegated the right of divorce in her nikanama (marriage contract form) then she would apply for
khula in the court. When the wife files a suit for dissolution of marriage the court issues notice to
the opposite party i.e. the husband and if he fails to appear after the due process of posting and
publication the court can proceed with the case ex-parte and pass a decree. In case where the
husband or his representative appear he is required to file a written statement following which
the court has to fix a date for pre-trial proceedings for reconciliation. If reconciliation fails court
will pass decree for dissolution of marriage. . [Online] Avaialable at: www.facebook.com

Custody Of children:

Guardian and Wards Act is the law, family court can also entertain suit relating to custody of
children according to Family Courts Act 1964. General rule is that the interest and welfare of the
minor child should be of paramount consideration. . [Online] Avaialable at: www.facebook.com

Dissolution Of Marriage Act:

As per Dissolution of Muslim Marriages Act a woman shall be entitled to obtain a decree for the
dissolution of her marriage on any one or more of the following grounds:
Whereabouts of the husband not known for four years; Husband has neglected or failed to
provide maintenance; Husband has sentenced to imprisonment for a period of seven years or
upwards; Husband failed to perform marital obligations for a period of three years; Husband was
impotent at the time of marriage; Husband has been insane for two years; She was married when
she was minor; Husband treats with cruelty; Leads an infamous life; Attempts to force her
immoral life; Venereal disease; Incurable form of leprosy; Disposes of her property; Obstructs
her in observance of her religious practice; If she cannot live with the husband within the
limitation imposed by the Almighty Allah.
Beside above, there are also other grounds available to wife for the dissolution of marriages
under Muslim Law. [Online] Avaialable at: www.facebook.com

Law of inheritance

Muslim Law of inheritance in Pakistan is based on the following:

There is no concept of a will, and all shares are distributed to legal heirs by intestate succession.

The shares of the inheritance depend on the closeness of the relationship of the legal heirs to the
deceased. Blood relations have the closest ties. It is not possible here to provide a simple
summary of how these shares are distributed. It depends on how many children, sisters, brothers,
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mothers, and other relatives the deceased person had, and it changes from case to case. A Muslim
lawyer in Pakistan should be consulted for more specific details.

In most cases, a man’s share of the inheritance is twice that of woman’s. Any gift given by the
woman’s fiancé is her own, and her husband has no legal right to claim it, even after marriage.
On marriage, she is entitled to receive a marriage gift called Mohr, and this is her own property.

Muslim heirs acquire an absolute interest in specific shares of the estate of their ancestor, even
before distribution. The time of distribution is not material. Succession opens at the position
prevailing at the moment of death of the ancestor. ‘Vested inheritance’ may occur i.e. if an heir
dies before distribution, but was alive at the ancestor’s death, the share of his/her vested
inheritance passes on to his/her heirs.

Property can be donated during the lifetime of a Muslim. A Pakistani Muslim can freely give
away any personal property before death. No one, including the legitimate heirs, can challenge
this decision after the death of the donor.

Transfers of property in Pakistan must be registered. The Registrar of Properties in the area
of Pakistan where the property is situated records all transfers, following name changing
procedures at various departments, including the Building Control Authorities, Local
Government (City Government), Excise and Taxation (Property Taxes) and Utility Companies.
Courts look at the names on these records to determine the legal ownership of inherited property
in Pakistan.

(Khursheed khan & associates-inheritance tax and law)

Conclusion:

Above i have discussed the nature and origin of Family law in Pakistan .Number of legislation are
introduec in Pakistan regarding family law such as Guardians and Wards Act, 1890

Child Marriage Restraint Act, 1929,Dissolution of Muslim Marriages Act, 1939,Muslim Family
Laws Ordinance, 1961,(West Pakistan) Muslim Personal Law (Shariat) Application Act, 1962,
(West Pakistan) Family Courts Act, 1964,Offence of Zina (Enforcement of Hudood) Ordinance,
1979,Law of Evidence (Qanun-e-Shahadat) Order, 1984,Enforcement of Sharia Act,
1991,,Dowry and Bridal Gifts (Restriction) Act, 1976Prohibition (Enforcement of Hudood)
Order, 1979,Offence of Qazf (Enforcement of Hudood) Order, 1979.According to me the need is
to tell people about the importance of family law. and to make them aware about family laws.so
a society can be a devolped society.

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References:

 http Dowry (MAHAR) From An Islamic PerspectiveAvailable at

(://www.islam.gov.my/sites/default/files/mahar_from_islamic_perspective.pdf) Retrived
on Nov.11,2014

 Khursheed khan & Associates 2014,Inheritance tax &

law(http://www.globalpropertyguide.com/Asia/Pakistan/Inheritance) Retrived on
Nov.11,2014

 Mumtaz & Associates,Family Law in Pakistan,online Available at: (www.ma-law.org.pk/..)

Retrived on Nov.11,2014.

 [ Online] www.zallp.com/family.html),Retrieved on Nov.11,2014.

 The law society Pakistan , [Online] Avaialable at: www.facebook.com

 The Child Marriage Restraint Act, 1929

(19 of 1929),online Available at (http://www.wcd.nic.in/cmr1929.htm) Retrived on
Nov.11,2014

 Zafar & Associates, 2014, Family Law in Pakistan, [Online] Available at:
http://law.zafcointl.com/area_family_law.html , Retrieved on Nov. 11, 2014.

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