The Study of Muslim Family Laws Ordinance 1961, with

reference to its compatibility with Islamic Injunctions

By

Syed Sarsabz Muhammad Abdullah

Roll No: 10
Session: Spring 2017-2022

Supervisor
Mr. Amjad Hussain,
In-Charge,
Department of Law

A Research Report submitted in partial fulfilment of the requirement for the

Degree of Bachelor of Laws (LL.B.)

Department of Law
The Islamia University of Bahawalpur
ii
 Author’s Declaration

I, Syed Sarsabz Muhammad Abdullah S/O Syed Hussain Shah, Roll No. 10,
LL.B. (Hons), Session Spring 2017-2022, hereby confirm that the research report
entitled, “The Study of Muslim Family Laws Ordinance 1961, with reference to its
rompatibility with Islamic Injunctions” submitted by me in the partial fulfilment of the
requirement of the degree of Bachelor of Laws in Department of Law, is my original
work and I, confirm that this work has neither been submitted nor published earlier. I
also declare that this work will never be submitted to seek any other degree from any
other university or institution.

Syed Sarsabz Muhammad Abdullah

Roll No. 10
Session: 2017-2022 (Spring)

iii
 Forwarding Certificate

The research entitled “The Study of Muslim Family Laws Ordinance 1961, with
reference to its compatibility with Islamic Injunctions” was conducted under my
supervision and the research report is being submitted to the Department of Law,
Islamia University of Bahawalpur in the partial fulfilment of the requirement of the
degree of Bachelor of Laws with my permission.

___________________________
Amjad Hussain
Supervisor/Assistant Professor/Chairman
Department of Law
The Islamia University of Bahawalpur

iv
 Approval Certificate

The research report entitled: “The Study of Muslim Family Laws Ordinance
1961, with reference to its capability with Islamic Injunctions” submitted by the student
named “Syed Sarsabz Muhammad Abdullah”, is hereby approved in the partial
fulfilment of the requirements for the degree of Bachelor of Laws at Department of
Law, Islamia University of Bahawalpur.

Supervisor:
Amjad Hussain _________________________

External Examiner: _________________________

Chairman: _________________________

Date: _______________

v
 Dedication

I dedicate this research report to my father Syed Hussain Shah, who has been
most valuable to me. Although, he is no longer in this world, his memories continue to
regulate my life. His love for me knew no bounds, who raised me, loved me, taught me
to speak, taught me the value of hard work and most importantly who gifted me the
َ ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ َو‬
love of Holy Prophet (‫ﺳﻠﱠْﻢ‬ َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ ). "Thank you so much Baba, I will never
forget you. Though your life was short, I will make sure your memory lives on as long
as I shall live. I love you and miss you all beyond words. May Allah (SWT) grant you
happiness in paradise."

Ameen

vi
 Acknowledgements

All praises for the ALLAH Almighty, who enables us to know about certain
unknown things in the universe and helps us to overcome lots of difficulties. All respect
for Holy Prophet Muhammad (‫ﺳﻠﱠْﻢ‬ َ ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ َو‬
َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ ) who clearly mentioned the
difference of right and wrong path to ensure the success in our lives.

I am deeply indebted and wish, my utmost appreciation and gratitude to my

research supervisor Sir Amjad Hussain for his encouragement, technical discussion,
inspiring guidance, remarkable suggestions, keen interest, and constructive criticism
which enables me to complete this research study.

I cannot find proper words to express my heartiest gratitude to my Loving

Parents, and my venerable teachers, whose chain of prayers and cooperation have
created incredible impression in my life. At the end, I am again much thankful to
ALLAH Almighty who enabled me to complete my research work, Alhamdulillah.

vii
 Table of Contents

Author’s Declaration ................................................................................................. iii

Forwarding Certificate ...............................................................................................iv
Approval Certificate .................................................................................................... v
Dedication ....................................................................................................................vi
Acknowledgements ................................................................................................... vii
Abstract........................................................................................................................ix

1. Introduction .............................................................................................................. 1
2. Historical Background ............................................................................................ 2
2.1 Constitution of Committee....................................................................................... 2
2.2 Committee’s Report on Marriage and Family Laws ............................................... 3
2.2.1 Marriage ................................................................................................................ 4
2.2.2 Maintenance .......................................................................................................... 6
2.2.3 Divorce.................................................................................................................. 6
2.3 Promulgation of Muslim Family Law Ordinance 1961 ........................................... 7

3. A section-by-section critical examination of the MFLO in light of Islamic

injunctions .................................................................................................................... 8
3.1 Section 4; Succession............................................................................................... 9
3.1.1 Succession in view of Sharia ................................................................................ 9
3.2 Section-5; Marriage registration ............................................................................ 10
3.2.1 Registration of marriage in view of Sharia ......................................................... 11
3.3 Section 6; Polygamy .............................................................................................. 12
3.3.1 Polygamy in view of Sharia ................................................................................ 13
3.3.2 Questing approval for second marriage, from first wife in view of Sharia ........ 14
3.4 Section 7; Talaq ..................................................................................................... 15
3.4.1 Talaq and its validity in view of Sharia .............................................................. 16
3.5 Section 8; Dissolution of marriage other than by the use of the Talaq .................. 16
3.5.1 Dissolution of marriage other than Talaq in view of Sharia ............................... 17
3.6 Section 9; Maintenance .......................................................................................... 17
3.6.1 Maintenance in view of Sharia ........................................................................... 18
3.6.2 Hadiths relating to maintenance.......................................................................... 19
3.6.3 Islamic Jurisprudence regarding maintenance .................................................... 21
3.7 Section 10; Dower.................................................................................................. 22
3.7.1 Dower in view of Sharia ..................................................................................... 22
3.8 Section 11; Having the authority to enact laws ..................................................... 23
3.8.1 Powers to makes rule in view of Sharia .............................................................. 24

4. In Lieu of Conclusion ............................................................................................ 25

5. References ............................................................................................................... 26

viii
 Abstract

This research report addresses the provisions of "The Muslim Family Laws
Ordinance 1961" and its compatibility with Sharia law. The research report is based on
historical, political, and legislative facts that have directly or indirectly influenced
Muslim Family Laws in Pakistan. This study compares Muslim Family Laws to the
Pakistani Muslim Family Law Ordinance 1961, looking for similarities and variations
between the two sets of laws. Many Muslim experts feel that the "Muslim Family Laws
Ordinance 1961" is incompatible with Islamic Laws. To aid the reader, the original text
of MFLO has been supplied, with an Islamic idea following each portion. The inquiry
revealed that the "Pakistani Muslim Family Laws Ordinance 1961" is inconsistent and
needs to be amended.

ix
1. Introduction

After the Indo-Pak partition in 1947, personal status was still governed by the
legislation dealing with Muslim family rules that had been enacted under British
authority. Until 1955, no new legislative efforts pertaining to Muslim family laws were
undertaken. The Muslim Personal Law of Sharia 1937, which was inherited by the
British authority after the partition, remained in effect until 1955, when it was repealed.

MFLO1 was the first such project in Pakistan aimed at empowering women, and
it was a pioneer in this field. Since partition, moreover half of Pakistan's population
were women and as a consequence, they needed equal opportunities to get advancement
in the social, political, and economic spheres, among other professions. Even in the
twenty-first century, patriarchal cultures such as Pakistan has been unable to satisfy the
necessary standards of gender equality. Women's empowerment in Pakistan has been a
hot subject in both local and international contexts, mostly due to grave abuses of
women's basic rights. Pakistani women have faced social, political, religious,
economic, and other forms of violence, as well as discrimination in many sectors
throughout their life.

Consequently, Pakistani women's rights have been violated in both private and
public, in large part because they are uninformed of the many laws that are in place to
safeguard and defend their rights as well as to shield them from male dominance. The
establishment of laws for the safeguarding and protection of women's rights till the year
1947 was not accomplished. So, Pakistani women have been unable to take use of such
safeguards. This is mostly due to women's lack of understanding of the laws as well as
the rights regarding themselves. As stated in Articles 8 to 28 of Pakistan's Constitution,
human rights are upheld with equal opportunity for all genders in all areas daily life,
and there is no discrimination or diversity on the basis of racial or ethnic origin,
religious affiliation, or national origin. A number of laws have been passed in Pakistan
to empower women, including "The Muslim Personal Law of Sharia 1937", "The

1
The Muslim Family Law Ordinance, 1961

1
Muslim Family Law Ordinance 1961", "The Hudood Ordinance 1979", "The Women
Protection Bill 2006", "The Sexual Harassment Bill 2010",

"The Prevention of Anti-Women Practices Bill 2011", "The Acid Control and
Acid Crime Prevention Bill 2011", "The Child Marriages Act 2017." Whenever the
military authorities of Pakistan gained control of the country. They attempted to
improve the status of women as decision-makers. In order to do this, they pass
legislation pertaining to women's rights.

2. Historical Background

The history of the ordinance is examined, and some fascinating details are
unearthed. The All-Pakistan Women's Association (APWA), an elitist organization, has
worked to raise awareness of women's fundamental human dignity while advocating to
expand their participation all the areas of life as well as in policy making of Muslim-
background family laws since Pakistan gained independence as a sovereign state. The
APWA was particularly outraged by male polygamy and Talaq privileges, and believed
that they should be curbed in some manner as a result.

The former Prime Minister of Pakistan Muhammad Ali was legitimately

married to his first and second wife, the second marriage took place in 1955 while he
was still Prime Minister of the nation. This incident added an extra and urgent impetus
to their fighting for the cause of Muslim marriage law reforms. (Khawar Mumtaz and
Fareeda Shaheed, 1987, 49). A national campaign was started by the "All-Pakistani
Women's Association" (APWA) to support the first wife and to criticize the Prime
Minister's second marriage while also calling for change of Muslim family regulations.

2.1 Constitution of Committee

The Prime Minister faced mounting public criticism for his actions so, he
decided to meet with the APWA (Sylvia Chipp-Kraushaar, Delhi: 1981, 267). The
Prime Minister met the Women's Organization’s representatives and promised to
establish, a committee to examine required issues and universally standardized
modifications to the country's current laws specifically for the modifications of
marriage, separation, child custody problems, and inheritance.

2
 On the day of 4th August 1955, the government and the APWA agreed on one
point which was the constitution of committee. For this purpose, the committee was
established, consisting representatives from both men and women. The government
appointed the panel of seven members. Names of the members are following2:

• Dr. Khalifa Shuja-ud-Din (President);

• Dr. Khalifa Abdul Hakim (Member Secretary);
• Maulana Ihtesham ul Haq;
• Mr. Inayat-ur-Rahman;
• Begum Shah Nawaz;
• Begum Anwar G. Ahmad;
• and Begum Shams-un-Nisa

On October 22nd, 1955, after the untimely death of the committee's president,
Mian Abdul Rashid3, was appointed to serve as the committee's president. It was
decided to construct a comprehensive questionnaire that would be proclaimed in three
languages: English, Bengali, and Urdu. When putting together the report, the
resolutions received a cautious deal of consideration. All six members of the committee
were laypeople except Maulana Ihtesham-ul-Haq who was a religious scholar,
nominated by the president. A well-received modernist approach to the Shariah was
presented in the Committee's report, which was issued on the 20th of June 1956. For
Maulana Ihtesham-ul-Haq, nearly everything said or suggested by the other members
of the panel in the report was undesirable, and he did not accept any of their
recommendations (Gazette of Pakistan, 30th August 1956, 1560-1604).

2.2 Committee’s Report on Marriage and Family Laws

In its report, the committee claimed to have based its recommendations on the
Quran, Sunnah, Ijma, and Qiyas, as well as the notion of Istehsan (public welfare), of
which it claimed incorporation into that law, which have been made so in conformity
with the following essential Islamic teachings (N.J. Coulson, 1957). First of all,
whatever that is not absolutely and unconditionally prohibited by clear and

2
Gazette of Pakistan, 20th June 1956,1197
3
A former Chief Justice of the Supreme Court of Pakistan

3
unambiguous commandments of Quran and Sunnah is admissible if the welfare of the
one's being or of the society demands it. Secondly, since the great imams never claimed
to be infallible and always respected differences of opinion between themselves and
even among their disciples, it would be reasonable to prefer one point of view over
another and it would not be necessary to follow any of them in their entirety. The third
fact to note is that, as previously said, there is a difference between injunctions that
were worldwide applicable and those that were just applicable to a certain kind of
society at a specific period and area. As an illustration Islam's professed objective was
the elimination of slavery, the institution remained an essential element in society
throughout that time period and could not be completely eliminated in a single stroke.
Humane treatment in institutions was made possible by religious commandments such
as Islam, with the ultimate objective of dismantling the institution entirely whenever
this was practicable in practice. To converse hear the aforementioned suggestions
regarding family law reforms are categorized in three classes such as “marriage”
“maintenance” and “divorce” (David Pearl, 1969, 171-181).

2.2.1 Marriage

In the first instance, civil and criminal courts were regularly confronted with
complex questions about the legitimacy and existence of marriage, inheritance, and
paternity, with the resolution of these cases sometimes becoming complicated due to
the absence of official proof of the marriage's celebration. Muslims were compelled by
the Quran and the Sunnah to document all their wills to avoid future disputes. It is
important to document all financial and estate planning activities with the assistance of
third parties. To prevent weddings from being un-registered, this injunction should be
used. The necessity for litigation and the use of shaky oral testimony in court, which
are both undesirable outcomes. The country's rules required that agricultural
transactions be registered, even in the most distant and backward areas, and it could
not seek any justification for exempting the most significant of all transactions –
marriage – from the reach of the law. To make the process of registering marriages
simpler, marriage certificate, and the bride or her guardian should get a copy of it as
well as the bride-groom. The nikah-khwan is in charge of ensuring that the third copy
of the marriage certificate is sent to the marriage registrar by registered mail. It will be
regarded as offence and punishable by a fine of not more than Rs. 500 in addition to

4
any other penalties if this is not accomplished. An appropriate legislation should be
enacted to outlaw child marriage, and it should specifically state that no man under the
age of eighteen or a woman under the age of sixteen should engage into a marriage
contract. Under the laws of the Quran, orphans were awarded property based on the
completion of puberty as well as a certain stage of cognitive development, which served
as a required criteria for property distribution. It is also necessary to establish the legal
age of marriage at the same time, since commending the lives of married couples to one
another is a more essential subject than just delegating property to one another (Gazette
of Pakistan, 20th June 1956). Maulana Ihtisham-ul-Haq, on the other hand, was not
enthusiastic about the proposal. For this reason, as long as they do not violate Islam's
fundamental principles of morality or justice, the terms of an Islamic marriage contract
may be enforced in court. This is the third item to consider that, granting such women
the same right to petition for divorce as men, assuming that right has been bestowed
upon her by the marriage contract should be lawful under relevant laws.

Fourth, dower, also known as a marriage gift from the husband to the wife, was
seldom given, despite the fact that it was designed to provide her with some financial
security. A large quantity of money was often set as dower only for the purpose of
elevating the husband's or wife's social standing, with no expectation that the spouse
would ever be required to repay the money. By asserting in court that the dower had
not been meant to be claimed and paid, to avoid paying even a sizable portion of his
wife's dower, this tradition has often been used. In other words, a husband must pay the
dower agreed in the marriage contract, no matter how much it costs him to do so. A
case for dower might be filed within three years following the wife's demand, according
to the statute in effect at the time. Unless she gives her husband written notice of her
desire to reconcile with him within a certain time period, her claim to dower becomes
null and void. According to the committee's suggestion, there should be no stage of
limitations for bringing a claim for dower in court. Another aspect to consider is that,
in circumstances for marriage contracts where a dower was not separated into timely
and delayed instalments, the court should find that the whole payment must be paid
regardless of when it was received (Lucy Carroll, 1979, 117-143).

Sixth, neither the Quran nor the Hadith clearly forbade nor explicitly authorised
polygamy on an unqualified basis. An acceptable cause could not be discovered for

5
many polygamous marriages where it was difficult, if not impossible, for co-wives to
follow the Quran's rules of equitable justice. Therefore, the panel recommended that
any married man who desires to engage into a 2nd marriage deed shall have prior judicial
consent from the court system. While this proposition was accepted by all the members
but, Maulana Ihtesham-ul- Haq did not (Lucy Carroll, 1979, 120).

2.2.2 Maintenance

Because of their arduous, dilatory and expensive procedure, the civil courts
regularly deny jobless women's maintenance claims. The committee recommended that
the a special marital and family law court should enable women to charge their
husbands for maintenance, and that the court's order should be implemented quickly to
prevent this terrible standoff. Because maintenance awarded by a criminal court may
be realised quickly, similar to a fine paid by a criminal court system should be preserved
until the functioning of matrimonial and family law courts has shown satisfactory
(Gazette of Pakistan, 20th June 1956, 1220). Given the dramatic growth in living costs,
it is proposed that criminal courts be empowered to give wife maintenance up to Rs.
300 per month. An abandoned wife was not entitled to past support under Hanafi law
(Gazette of Pakistan, 20th June 1956, 1202). Using deception and deceit, the husband
could often convince the wife to postpone a maintenance action. The committee
recommends allowing a woman to sue her husband for previous maintenance for a
period of three years prior to filing the suit. It should be possible to force a husband to
pay his wife's maintenance for the remainder of his life or until she remarries.

2.2.3 Divorce

The Islamic scholar believed that pronouncement of three talaqs at a time, was
to be considered as one pronouncement from the reign of PROPHET ( ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ‬
َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ
‫ﺳﻠﱠْﻢ‬
َ ‫ )َو‬till the early reign of Hazrat Umar (RA). To punish those who misused the three
talaqs, Hazrat Umar (RA) proclaimed it an irrevocable talaq. Easy divorces should be
prohibited because Islam promotes family harmony and security. Divorce, according to
a hadith, was the most abominable of all things God allowed to occur. In their opinion,
saying three talaq in a row constituted talaq e bidat, or an undesirable innovation, and
should be avoided. The committee named it as un-Islamic. The argument that declaring

6
divorce three times in one scenario equivalent to declaring divorce just once, and that
such a divorce did not terminate the marriage, should be given statutory effect (Gazette
of Pakistan, 20 th June 1956, 1202). Maulana Ihtesham ul Haq disputed it, claiming
that the fact that all four imams agreed on all three talaq pronouncements at the same
moment proved an irrevocable talaq. The committee advised that divorce registration
shall be made obligatory by law for the same reasons as marriage registration. To be
legal, divorce decrees must state how the talaq was impacted. If the divorce is not
recorded within 30 days of the deed being executed, the husband may be fined up to
Rs. 500. (Gazette of Pakistan, 20th June 1956, 1214).

Individuals in this situation can't legally separate until they've paid their dower
and established proper arrangements for their first wife's children, and the court won't
let them do so without those arrangements and authorization from a family law court
(Gazette of Pakistan, 20 th June 1956, 1202). It would be superfluous to include
procedures for divorce registration if the court's participation was required. The
suggestions by common support of six members of the committee, regarding the
involvement of the court in the matter of declaration of Talaq by husband was solely
opposed by Maulana Ihtesham ul Haq. The committee also advised that family and
friends of the couple try to reconcile them in compliance with Quranic injunctions.
Divorce should be filed only after all other efforts to resolve the matter have failed.
That the provisions of “Dissolution of Muslim Marriage Act 1939” were deemed
adequate by the committee, which ruled that no more adjustments or additions were
required (Lucy Carroll, 1979, 125). Except in the case of “Khulah”, a court-issued
divorce order based on mismatched temperament is void.

2.3 Promulgation of Muslim Family Law Ordinance 1961

The ulema, who had immense political influence at the time, reacted angrily to
the MFLC4 recommendations in June 1956. Traditionalists and religious groups joined
forces with the Jamat e Islami to oppose the Committee's recommendations. Because
of the orthodox religious community's pressure and the nation's broader political
instability, the government took no action on committee's recommendations. The
APWA, however, continues to urge implementation of the results. In June 1958, the

4
Marriage and Family Laws Committee

7
All Pakistan Women Association (APWA) organized a Women's Demands Day with
other women's groups to build pressure against the government to adopt the committee's
recommendations and make changes to the legislation pertaining to family laws. In
1958, the parliamentary government was over-ruled by the Martial Law of General
Ayub Khan. The All Pakistan Women Association (APWA) addressed General Ayub
Khan, the new military ruler. Ayub Khan, who was disdainful of ulema yet sympathised
with the modernists, agreed to help them. In reaction to Ayub Khan's statement that he
would implement the committee's recommendations, the ulema led by Maulana
Maadoodi and Maulana Muhammad Shafi organised oppositional agitation throughout
the country (Tahir Mahmood, 1978, 165-166). The East Pakistan's 84 ulema wrote to
Ayub Khan to express their profound unhappiness and opposition to the committee's
recommendations.

Ayub Khan accepted the panel's findings while knowing that they were contrary
with Islamic injunctions, because he knew the religious establishment and ulema would
never support him in politics. He knew that adopting the committee's recommendations
and changing Muslim family law would win him the favour of the country's modern-
minded middle and upper classes. Later, he said that as a Muslim and head of an Islamic
state, he was obligated to pursue policies that benefited the whole population (Ayub
Khan, 1967, 107). In March 1961, he enacted the Muslim Family Law Ordinance.
(A.M. Serajuddin, 2001, 61). It was set to start on July 15, 1961. The MFLO5 was based
on the recommendations of MFLC. It was originally comprising of thirteen sections,
but later on two were emitted.

3. A section-by-section critical examination of the MFLO in

light of Islamic injunctions

A critical examination of MFLO, section-by-section, is presented in the

following:

5
Muslim-Family Ordinance Law

8
3.1 Section 4; Succession

According to MFLO 1961, succession is defined as follows:

“This rule applies to any of the proposer's children who are still living when he
or she passes away, so long as there are still children of those children who are still
alive when his or her father's death occurs before the opening of the succession.”

3.1.1 Succession in view of Sharia

Direct succession from grandfather's inheritance is granted to an orphan. This

clause is against Islamic edicts and should be avoided. Prior to the Muslim family laws,
grand children had no claim to their grandfather's estate. However, Section 4 of the
statute establishing a predeceased son or daughter's right to succession has been revised
to reflect this. Less than half of the estate goes to primary heirs; they are never entirely
disinherited. Son and daughter, and son's offsprings are the principal heirs. The
presence of extra heirs may disqualify all existing heirs. Other heirs, such as the
deceased father, paternal grandparents, daughter, agnatic grandchildren, full sisters,
consanguine sisters, and mother, may get residuary inheritances (Hussain, 2010).
Inheritors are frequently divided into three categories:

1. Usually, a “Quota-heirs” includes daughters, parents, grandparents, husband

and wife, siblings, and other relatives. This group typically inherits a share of estates.

2. “Residuaries” are male and female relatives who inherit after the “Quota-
heirs'” portions are distributed (Schacht, 1991, 106-113).

3. In the absence of direct successors, property transfers to “Bait-ul-Maal”.

“The sons shall have the equal of the portion of two daughters; then
if they are more than two daughters, they shall have two-thirds of
what the deceased has left, and if there is one, she shall have the half;
and as for his parents, each of them shall have the sixth of what he
has left if he has a child, but if he has no child and (only) his two
parents inherit him, then his mother shall have the third; but if he has
brothers, then his mother shall have the sixth after (the payment of) a

9
 bequest he may have bequeathed or a debt; your parents and your
children, you know not which of them is the nearer to you in
usefulness; this is an ordinance from Allah” — (Al-Nisa:11).

Translators have interpreted the Arabic phrase "weled" as kid, son, children, and
progeny. However, Sunni Muslim jurists believe that the word "weled" applies to any
child or fatherly grandchild in the context of marriage (Hussain, 2010). Each parent
gets one- sixth of the inheritance if there is a kid or agnatic grandchild. In the absence
of a child or father-related grandchild, the mother receives one-third of the inheritance.
The father's share is unknown in this instance. The father may be entitled to a portion
of the child's estate under several situations.

Besides the mother and father, the maternal grandmother and paternal grandpa
are also Quranic heirs. In the absence of the mother, the maternal grandmother
(Hussain, 2010).

3.2 Section-5; Marriage registration

Marriage registration in context of ‘MFLO 1961’ is:

1) Every marriage performed in accordance with Islamic Law is required to be

recorded in line with the rules of this Ordinance.

2) Licenses will be granted by the Union Council to one or more individuals,

who will be known as Nikah Registrars, for the purpose of registering weddings under
the provisions of this Ordinance.

3) Every marriage that is not solemnised by the Nikah Registrar shall be

reported to him by the person who solemnised the marriage in conformity with this
Ordinance for the purpose of registration under this Ordinance.

4) The terms of sub-section (3) are punished by simple imprisonment for a time
that may extend to three months, or by a fine that may amount to one thousand rupees,
or by a combination of the two punishments.

10
 5) There shall be no variation in the form of nikahnama, the registers to be kept
by Nikah Registrars, the records to be kept by Union Councils, the manner in which
marriages shall be registered and copies of nikahnama shall be provided to both parties,
or the fees to be charged for any of the foregoing.

6) Any person may see or acquire a copy of any entry in the record maintained
under sub-section (5) at the Union Council's office, upon payment of the applicable fee,
if any, in exchange for a charge.

3.2.1 Registration of marriage in view of Sharia

The only requirements for forming a legally binding and enforceable marriage
contract are mutual consent, competence to enter into the contract, and the presence of
witnesses. It goes without saying that establishing evidence of marriage may be
challenging when dealing with weddings conducted overseas and without
documentation. Islamic law has advanced the presumption of marriage in the absence
of written proof of marriage, a Qazi's proof of marriage, or witnesses who can provide
adequate evidence of marriage. A lawful marriage may be inferred if the parties have
lived together as husband and wife for an extended period of time or if one party accepts
the marriage without objecting.

Those who live in areas without a legal presumption of marriage would need to
establish their relationship, and any written record would be immensely valuable in
these instances. A marriage conducted according to Muslim law must be registered in
compliance with Pakistan's Muslim Family Law Ordinance 1961. In India, by contrast,
Muslim weddings are not required to be registered with any official agency. While
Assam,

Bengal, Bihar, and Orissa have local laws requiring 'voluntary' registration of
Muslim weddings, it is worth noting that Qazis maintain a record of marriages they
have attended. Each marriage paperwork is signed by the couple, their guardians or
agents, witnesses, and the Qazi (if applicable). The Qazi makes copies of the
'Nikahnama' available to all involved parties (Hasan, 2010).

11
 The Muslim Family Laws Ordinance 1961(MFLO) revised the requirements for
marriage registration, including fines and prison sentences for non-registration. Muslim
marriages, on the other hand, are still valid as long as they follow Islamic standards
(Butt, 2007).

3.3 Section 6; Polygamy

Polygamy in context of ‘MFLO 1961’ is-

1) As long as a couple is legally married, no one may enter into another legally
binding union except with the Arbitration Council's prior written consent. No such
nuptial can be legally registered under this Ordinance without the Council's consent.

2) The grounds for the intended marriage and whether or not the approval of the
current wife or wives has been sought under sub-section (1) must be stated in the
application filed to the Chairman in the specified form with fee.

2A) All of the columns of the nikahnama form must be filled out precisely by
the Nikah Registrar or by the person who performs the Nikah ceremony, with specific
replies from the bride or the bridegroom.

3) The Chairman of the Arbitration Council shall request that the applicant and
his current wife or wives each nominate a representative, and if the Arbitration Council
so constituted is satisfied that the proposed marriage is necessary and just, it may,
subject to such conditions as are deemed appropriate, grant the permission sought.

4) If a person violates the terms of the agreement,:

i. a fine of twenty-five thousand rupees and simple imprisonment for a period

that may be extended to one month are among the consequences he would face under
section (2A).; and

ii. sub-section, he faces a maximum sentence of three months in jail and a fine
of 100,000 rupees, in addition to additional penalties.

12
 5) Any male who enters into another marriage without the consent of the
Arbitration Council will be subject to the penalties set out in this act.,

a) the current wife or wives must be paid the whole amount of dower, whether
“prompt” or “deferred”, that is due to them promptly; if this amount is not paid, it will
be recoverable as arrears of land revenue; and

b) if found guilty after filing a complaint, the defendant would face a simple
incarceration term that may last up to one year and a fine of five hundred thousand
rupees if convicted.

3.3.1 Polygamy in view of Sharia

The Quran is the only known world text that clearly circumscribed and severely
restricts polygamy:

“And if you fear that you cannot act equitably towards orphans, then marry such
women as seem good to you, two and three and four; but if you fear that you will not
do justice (between them), then (marry) only one or what your right hands possess; this
is more proper, that you may not deviate from the right course” (Quran 4:3)

In Islam, a man is only allowed to have four wives. Muslims with more than
four wives at the time of their conversion to Islam were required to dissolve their rest
of marriages. Muslim polygamy reform went a step further by ensuring that all wives
get equal treatment. The Muslim is not permitted to make any distinctions between his
wives in terms of their responsibilities for food, money, time, or any other aspect of
their lives. It is required under Islamic law, to marry another woman, the one must show
respect for her. Discrimination between husband and wife or between their children
was outlawed by the Prophet Muhammad (‫ﺳﻠﱠْﻢ‬َ ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ َو‬
َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ ). Polygamy is also only
permitted in Islam if both parties agree to it. An unmarried woman cannot be forced to
marry a married man. Islam does not mandate polygamy, yet it is permitted. In a
prenuptial agreement, a woman might also stipulate that her husband cannot have a
second wife. In west, the point that has been frequently overlooked is that in other
societies, specifically African and Islamic societies, the polygamy is not fundamentally
regard as the symbol of women's deterioration. Relating polygamy with the

13
deterioration of women is simply autocratic. Despite the fact that Islam explicitly
permits polygamy, it is a rare occurrence in the majority of Muslim countries. Fewer
than 2% of married men are thought to engage in polygamy (Al Kholy). Due to financial
constraints, the majority of Muslim males believe they are unable to support two
families. It's not uncommon for those who can afford to take care of several families,
to cower away from the responsibility that comes with having more than one wife.
Extramarital relationships are more common in Western society while, polygamy is not
usual in Muslim countries (IslamReligion.com, 2006). Males in the Muslim world tend
to be more monogamous than men in the Western world, despite popular belief having
the opposite effect.

3.3.2 Questing approval for second marriage, from first wife in view
of Sharia

Polygamy is permitted in Islam, but questing approval for another marriage

from first wife and Arbitration Council is condemned by Islamic Jurists. If any person
is physically and financially competent of taking another wife, and if he is capable of
treating both women fairly, and he wishes to do so, then he is authorised to do so under
Islamic law. As mentioned in Quran:

“Marry such women as seem good to you, two and three and four.” (Quran 4:3)

Women are naturally jealous of their husbands and fear sharing them with other
women. Envy was prevalent in the most virtuous ladies, including the wives of the

Companions and even the Mothers of the Believers. To prevent a husband from
marrying another woman, a wife should let her husband to do so as it is a kind of
partnering in justice and piety.

When a guy marries another woman, he does not require the permission of his
first wife. When the Standing Committee for Issuing Fatwas was informed of this, they
answered as follows:

“In the case of a second marriage, it is not required that the husband get the
approval of his first spouse; nonetheless, treating her with respect and care will help

14
reduce any bad sentiments that may result from such an event in the future. As a result,
it is the husband's responsibility to be nice to his wife, explain the problem with her in
a polite and pleasant way, and to spend whatever money may be required in order to
earn her approval of the scenario in question.”

The MFLO has also advocated reforms to polygamy laws. A husband must now
file an application to the local union council with the requisite money and wait for
permission to join a polygamous marriage. The union council chairman then convenes
an arbitration committee comprising of both husband and wife/wife representatives to
review the proposed marriage's need. Wife or spouse consent is required when applying
for divorce. A polygamous marriage without the consent of the other spouse is illegal,
and the husband must give an immediate dowry to the present wife or women.
However, if the husband does not get the consent of the current wife or wives, the
subsequent marriage is valid (Butt, 2007).

3.4 Section 7; Talaq

Talaq in context of MFLO 1961 is-

1) If a man wishes to divorce his wife, he must tell the Chairman in writing as
soon as feasible after the talaq is issued, and he must also give a copy to the woman if
she is not present.

2) A person who breaches sub-section (1) faces a year in jail, a fine of up to

5,000 rupees, or both.

3) The Chairman shall be notified within ninety days of the date of talaq, unless
otherwise indicated in sub-section (5).

4) The Chairman must create a reconciliation committee within thirty days of

receiving notification under subsection (1), and the Arbitration Council must make all
efforts to bring about such reconciliation.

5) Pregnant women must wait until the period stated in sub-section (3) or the
pregnancy is complete before the talaq takes effect." Until the termination is effective

15
for the third time under his clause, the wife of a husband whose marriage has been
dissolved by talaq is not banned from remarrying the same husband.

3.4.1 Talaq and its validity in view of Sharia

According to Sharia, proclamation is sufficient for the validity of talaq. So,

deferring it for 90 days is against Islamic law. The Muslim Family Law Ordinance1961
states that a divorced spouse must inform the Union Council chairman in writing
immediately after the Talaq. The chairman must then notify the wife of the Talaq.
Violations of the law are penalised by imprisonment or fine. The chairman shall
convene an Arbitration Council within thirty days after receiving notification of Talaq
to facilitate reconciliation. In case of failure, any Talaq that has not been officially or
tacitly rectified in the interim, takes effect ninety days after the chairman is notified of
repudiation. Alternatively, if the lady is pregnant, the Talaq is valid for ninety days or
until the pregnancy is over (Butt, 2007).

Until the late 1970s or early 1980s, failure to notify in the aforementioned way
made Talaq null and void. The Zina Ordinance opened the door for abuse since rejected
spouses may be charged with Zina if their husbands did not follow the MFLO's
reporting process. Since the early 1980s, Pakistani courts have recognised almost all
talaqs notwithstanding with the procedure as required by the MFLO (Butt, 2007).

According to Islamic law, a husband's use of the word Talaq constitutes a

divorce decision (Ali, 2003, p. 543). Registration of talaq is governed only by the laws
of land and has nothing to do with Islamic laws.

3.5 Section 8; Dissolution of marriage other than by the use of the

Talaq

In the context of the MFLA of 1961,

Section 7 shall apply mutatis mutandis and so far as applicable if the right to
divorce has been delegated to the wife and she desires to exercise that right, or if either
of the parties to a marriage decides to end the marriage other than through divorce.

16
3.5.1 Dissolution of marriage other than Talaq in view of Sharia

So far, we've examined the spouse's inherent right to divorce. But he may
provide the wife the right to divorce. Depending on the situation, this delegation of
power may be broad or specialized. To make it irreversible, it is included into the
marriage contract as a contractual clause that the woman may dissolve the marriage
under certain situations.

Women who are worried about their husbands' behaviour have insisted on such
a clause in their marriage contracts for ages, and have utilized it when necessary.
Women do not have a natural right to divorce in Islamic law, but they may utilize their
contractual rights to do it.

So it is incorrect to suggest that divorce is a unilateral right granted solely to

men by Islam (Mutahhari, 1980).

3.6 Section 9; Maintenance

In the context of MFLO 1961, maintenance is defined as:

1) If a husband fails to adequately maintain his wife, or fails to maintain all of

his wives equally, the wife, or any of the wives, may apply to the Chairman, who will
convene an Arbitration Council to decide the matter.

1) An Arbitration Council may be convened by the Chairman if a father fails to

provide for his kid's maintenance. The Arbitration Council may issue a certificate
establishing the amount that the father is obligated to pay as support on behalf of his
child.

2) A husband or wife may file a request for modification of the certificate to the
Collector concerned in the appropriate manner and with the necessary fee. The
Collector's judgement is final and cannot be challenged.

3) The failure to pay any sum owing under subsection (1) or (2) in a timely
manner will result in the amount being recovered as arrears of land revenue:

17
 The Committee of a Division may transfer an application for modification of a
certificate to another Collector if a Collector asks so and the reasons are noted. A
Division Committee may also refer an application to a Director of Local Government
or an Additional Committee.

3.6.1 Maintenance in view of Sharia

The following is an explanation of the Islamic notion of maintenance:

Quranic verses:

The following verses of the Holy Qur'an include injunctions addressing the
rights of women in the area of maintenance and support:

I. “And the mothers should suckle their children for two whole years for him
who desires to make complete the time of suckling; and their maintenance and their
clothing must be-- borne by the father according to usage; no soul shall have imposed
upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer
harm on account of her child, nor a father on account of his child, and a similar duty
(devolves) on the (father's) heir, but if both desire weaning by mutual consent and
counsel, there is no blame on them, and if you wish to engage a wet-nurse for your
children, there is no blame on you so long as you pay what you promised for according
to usage; and be careful of (your duty to) Allah and know that Allah sees what you do.”
(Quran 2:233)

II. “There is no blame on you if you divorce women when you have not touched
them or appointed for them a portion, and make provision for them, the wealthy
according to his means and the straitened in circumstances according to his means, a
provision according to usage; (this is) a duty on the doers of good (to others).” (Quran
2:236)

III. “And for the divorced women (too) provision (must be made) according to
usage; (this is) a duty on those who guard (against evil).” (Quran 2:241)

IV. “Men are the maintainers of women because Allah has made some of them
to excel others and because they spend out of their property; the good women are

18
therefore obedient, guarding the unseen as Allah has guarded; and (as to) those on
whose part you fear desertion, admonish them, and leave them alone in the sleeping-
places and beat them; then if they obey you, do not seek a way against them; surely
Allah is High, Great.” (Quran 4:34)

V. “O Prophet! when you divorce women, divorce them for~ their prescribed
time, and calculate the number of the days prescribed, and be careful of (your duty to)
Allah, your Lord. Do not drive them out of their houses, nor should they themselves go
forth, unless they commit an open indecency; and these are the limits of Allah, and
whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You
do not know that Allah may after that bring about reunion” (Quran 65:1)

VI. “Lodge them where you lodge according to your means, and do not injure
them in order that you may straiten them; and if they are pregnant, spend on them until
they lay down their burden; then if they suckle for you, give them their recompense and
enjoin one another among you to do good; and if you disagree, another (woman) shall
suckle for him.” (Quran 65:6)

VII. “Let him who has abundance spend out of his abundance and whoever has
his means of subsistence straitened to him, let him spend out of that which Allah has
given him; Allah does not lay on any soul a burden except to the extent to which He
has granted it; Allah brings about ease after difficulty.” (Quran 65:7)

3.6.2 Hadiths relating to maintenance

These are some of the Holy Prophet's traditions regarding women's rights to
self- support:

I. According to Jabir bin Abdullah, Allah's Messenger said: “Fear Allah for
women. You have wedded them in Allah's faith and made their private parts legal in
Allah's word. They have rights over you in terms of food and clothes.” (Bukhari and
Muslim) (Chaudhry, 1991).

II. “The Apostle of Allah spoke to the people at Arafat,". Respect “women
because you have accepted them in faith and made their private parts legal by Allah's

19
word. You have the freedom to refuse to have somebody on your bed whom you detest.
If they do, scourge them gently. And they have the right to expect you to clothe and
َ ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ َو‬
feed them fairly”. Narrated by the companion of PROPHET (‫ﺳﻠﱠْﻢ‬ َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ ) Jabir
bin Abdullah (Muslim) (Chaudhry, 1991).

III. “A dinar spent in the service of Allah, a dinar donated in charity, a dinar
spent on emancipating a slave, and a dinar set aside for the benefit of one's family are
all worthy of reward, but the highest reward goes to the dinar set aside for the benefit
of one's family”. Narrated by Abu Hurairah. (Muslim) (Chaudhry, 1991).

IV. “According to Ayesha (RA), Hind, Utah's daughter, begged the Prophet: O
Messenger of Allah! One of Abu Sufiyan's many flaws is his penchant for hoarding his
wealth. He won't give me or my children what we need until I steal it from him secretly.
The PROPHET (‫ﺳﻠﱠْﻢ‬َ ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ َو‬
َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ ) replied, ‘take what you and your children need’.”
(Bukhari and Muslim) (Chaudhry, 1991).

The principles of the Qur'an and Sunnah respecting a woman's right to upkeep
are summarised in this section.:

1. Muslims are expected to treat their wives with dignity and respect, as taught
َ ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ َو‬
by the Prophet (‫ﺳﻠﱠْﻢ‬ َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ ). He educated men on the basic human rights of
women, such as the right to food, clothes, and a safe place to live. Almighty Allah's
Apostle urged the faithful to treat their female family members with respect even in his
historic Farewell Address from Arafat. “Lodge them where you live, according to your
riches, and harass' them not so as to straighten life for them.” This is what the Qur'an
instructs (Quran 65:6). “And because they support them from their means”, refers to
men when the Qur'an declares that men are the main caregivers of women and the
principal breadwinners of the household. (Quran 4:34).

2. In accordance with the Qur'an, even divorced women are entitled to a month
of Iddah, during which the husband must give food, clothes, and housing and cannot
expel her from his home (Quran 65:1-6). He must support her while she's pregnant and
if she breastfeeds the child, she's entitled to be paid for her work (Quran 65:6). “The
father of the kid has the responsibility of feeding and dressing his child's mother in an
appropriate way” (Quran 2:233). “If the child's father has passed away, the heir is

20
responsible for maintaining the child's nursing mother. It is required on his (the father's)
successor to bear the burden of that which was due upon his father”(Quran 2:233).

3. According to the Qur'an, God-fearing individuals must cater for the

necessities of divorced women (Quran 2:241). The verse of the Holy Qur'an is
explained by Muhammad Asad in the following words: “For divorced women without
any legal culpability, this is certainly relevant. Since the husband's financial situation
and other unique circumstances must be taken into account, the amount of alimony that
will be paid to the ex-spouse is not stated.” (Quran 2:233)

4. The Qur'an and the Sunnah make no mention of a scale or standard for
maintaining one's property. However, a great deal of assistance has been offered to help
you select what to do in the particular situation. The Qur'an says: "No one should be
charged beyond one's capacity" (Quran 2:233). Also, "Don't forget to offer a fair supply
for everyone, whether they are rich or poor," says the Qur'an. (Qur'an 2:236). "Let the
man of means spend according to his means; and the one whose resources are limited,
let him spend according to what Allah has given him" is a further development of this
idea in the Qur'an (Quran 65:7).

In deciding the amount of maintenance to be done, these verses emphasise

guiding concepts. The golden rule states that everyone should be charged fairly, rich or
poor. No one should be overcharged.

3.6.3 Islamic Jurisprudence regarding maintenance

The following are the basic concepts of Islamic Jurisprudence regarding

maintenance of women:

1. The amount of money spent on one's family is called "Nafqah," which is

Arabic for "maintenance." Maintenance includes food, clothing, and lodging.

2. The husband must financially support his wife. Her right to maintenance is
certain, regardless of her income or possessions.

3. If a husband neglects or refuses to provide for his wife, she may sue for
maintenance. To settle a conflict, the Muslim Family Laws Ordinance, 1961 allows the

21
wife to submit a complaint with the chairman. She may also appeal for a maintenance
order under Section 488 of the 1908 Code of Criminal Procedure.

4. The wife is entitled to maintenance from her husband throughout the Iddah
time. However, during Iddah, a widow is not entitled to maintenance. If the divorcee is
pregnant and suckles the child, she is entitled to maintenance until the child achieves
majority. If woman gets custody, the husband has to support the kids.

5. Jurists have historically disagreed on how much maintenance to charge.

According to Hanafi Law, the amount of maintenance should be established based on
couple's socioeconomic standing. However, Shafis feel that just the husband's position
should be considered. Hidaya advises finding a decent middle ground between them
(the husband and wife) when one is affluent and the other is poor. If both parties are
affluent, high maintenance should be provided; if both parties are poor, minimal
maintenance may be provided by the husband. The degree of maintenance is
determined by the wife's demands in terms of condiments, food, clothing, residence,
servants, and beauty, as well as the traditions of her equals in the same town (Chaudhry,
1991).

3.7 Section 10; Dower

Dower in context of MFLO 1961 is:

If the marriage contract doesn't specify how much dower should be paid, the
whole sum is considered due and payable immediately.

3.7.1 Dower in view of Sharia

The dower mentioned above is not a Qur'anic creation in the conventional sense.
The Qur'an only restored it to its original, blemish-free form. The Qur'an, in its
magnificent wording, states:

“And give women their dowries as a free gift, but if they of themselves be
pleased to give up to you a portion of it, then eat it with enjoyment and with wholesome
result.” – (Quran 4:4).

22
 This implies that the dower is a present that must be given to the bride in person.
Neither her parents nor the siblings have anything to do with it. Three essential Qur'anic
views may be found in one single sentence:

First, the phrase “saduqatehinna”, which signifies honesty and sincerity, was
used instead of the word “mehr” for the marital portion or dower. So the dower is a
symbol of the payer's kindness. It is cited by several Qur'anic interpreters, including
“Zamakhshari”, author of the widely read commentary “Kashshaf”. Similarly, Raghib
Isfahani, a famous philologist, says in his Qur'anic lexicon that the dower is “sadaqah”
because it represents religious sincerity. The accompanying Qur'an verse clearly states
that the dower is to be given directly to the lady, and that her parents have no right to
it. It is not designed to compensate them for raising their daughter. Third, the dower is
clearly a gift and a present (Mutahhari, 1980).

In my investigation, I found that Abu Hanifa thinks the prompt portion of the
dower should be decided by three factors:

1. Custom

2. status of the husband

3. amount of the dower fixed.

3.8 Section 11; Having the authority to enact laws

Powers to make rules in context of “MFLO 1961”

1) The Federal government has powers regarding cantonments on the other hand
provincial governments have powers regarding other regions, respectively.

2) Under this provision, the Government may specify that a violation of any of
the regulations may result in a fine of up to two hundred rupees or a simple
imprisonment of up to one month, or both.

3) Rulemaking under this section must be published in the official Gazette and
take effect as if this Ordinance had been passed.

23
3.8.1 Powers to makes rule in view of Sharia

Sharia's fundamental sources are the Qur'an and the Sunnah (which is regarded
to be divine law). Muslims believe that the Qur'an is God's infallible message. It has
just 80 legal commands, yet it exhorts Muslims to core moral ideals (Standke, 2008).
The Sunnah is the Islamic Prophet Muhammad's (PUBH) life traditions and practices.
Several Qur'anic verses establish the Sunnah as a Sharia source (e.g., Quran 33:21).
The Sunnah is primarily found in hadees or reports of PROPHET’S ( ‫ﻋﻠَْﯿِہ َوٰاِﻟٖہ‬
َ ُ‫ﺻﻠﱠﯽ ﷲ‬
َ
‫ﺳﻠﱠْﻢ‬
َ ‫ )َو‬words, deeds or implied approval of deeds and demeanour. When it comes to
hadees collections, there are several, but the most reliable are those from the Sahih
period (850 to 915 A.D). The six well-known Sunni compilations were compiled by
“Muhammad al-Bukhari”, “Muslim ibn al-Hajjaj”, “Abu Dawood”, “Tirmidhi”, “Al-
Nasai”, and

“Ibn e Maja”. With a combined total of seven thousand and twelve thousand
genuine ahadees, al-Bukhari and Muslim have the most comprehensive collections.

The reliability of the narrators who handed them down through generations has
been established as the hadiths' veracity. The study of Islamic law's two main sources;
i.e., Quran & Sunnah, is called fiqh (literally, "knowledge"). While the both of sources
are faultless, fiqh standards may differ based on the circumstance. Fiqh includes
religious, civil, political, constitutional, and procedural law. Fiqh is based on four
sources:

1. Qur'anic interpretations are provided.

2. Sunnah interpretations are provided.

3. The Ijma, which is an agreement among experts ("collective reasoning")

5. Deduction from Qiyas/Ijtihad based on analogical reasoning ("individual

reasoning")

Islamic law states that if the regulations are in conformity with the Quran and
Sunnah, they will be accepted, however all other rules will be disapproved.

24
4. In Lieu of Conclusion

After a comprehensive review of the topic, it is apparent that the MFLO 1961
has various interpretation disputes. There are many factors behind the institution of
MFLO 196, but political power enhancement and movement by feminists for the
empowerment of women in society, are major amongst others. The MFLO is
characterised as instable. It is subject to amendment and does not comply with Islamic
edicts. The analysis found that sections 4, 5, 6, 7, 9, 10, and 11 of the ordinances directly
contradict Islam. Considering that "The Muslim Family Laws Ordinance 1961" violates
Sharia law in almost every way. As a consequence, it should be updated and the word
"Muslim" should be omitted from the title.

25
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Step back? (Lahore: Khalid Imran Printers, 1987), 49.

Sylvia Chipp-Kraushaar, ‘The All Pakistan Women’s Association and Muslim Family
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English version of the Note of Dissent”, The Gazette of Pakistan, Extraordinary,

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N. J. Coulson, ‘Reform of Family Law in Pakistan’, Studia Islamica, No. 7, (1957),

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David Pearl, ‘Family Law in Pakistan’, Journal of Family Law, No. 9, (1969), 171-181.

Lucy Carroll, ‘The Muslim Family Law Ordinance, 1961: Provisions and Procedures’,
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Tahir Mehmood, Muslim Personal Law, (India: Vikas Publishing House, 1978), 165-
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Ayub Khan, Friends not Masters, (London: PBQ Publications, 1967), 107.

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