a.

The family Protection law of 1967

This act states that all actions and disputes regarding family litigations and matrimonial
relations shall only fall under the divisional (Shari stan) court or district (Baksh) courts.
Furthermore, the civil legal actions that takes place in the family (between a husband and wife
or even their children, paternal grandfather, executor or guardian) must also be aligned with
the books on the civil code that states and respect their rights and obligations. This law also
covers marriage registration wherein the identity office gets notified of all temporary and
permanent marriage dissolutions; hence it also states that Marriages between Muslim women
and non-Muslim men are not recognized, along with Baha’i marriages.
In addition, the revised family law stated that legal age of marriage is 13 for girls and 15
for boys (Article 1041 of the Civil Code, as amended in 2002). There are exceptions to this
minimum age. “Marriage before the minimum age requires the guardian’s permission, but on
condition of suitability as determined by the court based on the best interest (maslahat) of the
child. Marriage before puberty (bulugh) is not permitted
In terms of divorce Family Law Act, 1996, emphasizes on mediation as a process by
which the parties might reach agreement on financial and other disputes arising on marriage
breakdown. An integral part of the new procedures is the holding of an early financial dispute
resolution (FDR) appointment where the spouses, in the presence of a district judge, will be
encouraged to address the outstanding issues between them with a view to arriving at a
settlement, it also declares that a wife may obtain divorce if husband marries without her
permission or does not treat co-wives equitably in court's assessment ("Islamic, constitutional
and administrative law handbook", [Volume 1. (pg. 102-103). In case of disagreement between
parties of the family (mother and father) there shall be an appointed arbitrator whom will bring
about reconciliation between them, and if failed in bringing compromise they shall give their
opinion as to which of the parties is on the right, or in respect of the amount of expenditure or
the maintenance of the wife and the custody of their children. Also, a husband or wife who, at
the time of entering into a marriage, defrauds the other party in such a way that the union
could not have been entered into but for the fraud, shall be subject to a correctional
imprisonment for (a period ranging from) six months to two years.
This law also covers the legality of polygamy, which permits taking second wife only by
the permission of the court upon establishing one or more of the following conditions: (1) the
first wife’s permission, (2) her inability to fulfill her marital duties, and (3) her refusal to have
intercourse with her husband (tamkin), (4) her affliction by insanity or an incurable disease that
may endanger the continuation of marriage, (5) her conviction to five years’ or more
imprisonment for a crime, (6) her addiction to any type of harmful drugs, (7) her desertion of
the marital home, (8) her infertility, and (9) her prolonged absence. The court will invite the first
wife for investigation if possible, and will investigate the husband’s financial status and his
ability to deal justly with both wives. Even if the first wife gives her permission, she still has the
right to seek divorce (Article 16 of 1975 Family Protection Law).

The Family Protection Act

PROS CONS
 The law placed men and women’s
equal footing in terms if divorce
 Specified the laws