Muslim Family Law Ordinance 1961 Wikipedia

Dot This regulation provides for the decision that, if the amount of the dowry is not paid, it must be paid on demand. This regulation was promulgated in Pakistan and was in force in what was then East Pakistan. It is now applicable to Bangladesh. [Shahida Begum] Divorce in Islam can take various forms, some initiated by the husband and others by the wife. The most important traditional legal categories are talaq (refoulement), khulʿ (mutual divorce), judicial divorce and oaths. The theory and practice of divorce in the Islamic world has varied according to time and place. [66] Historically, divorce rules have been governed by Sharia law as interpreted by traditional Islamic jurisprudence, although they differ by law school, and historical practices sometimes deviate from legal theory. [67] In modern times, when civil status laws have been codified, they have generally remained “in the orbit of Islamic law,” but control of divorce norms has shifted from traditional jurists to the state. [66] [68] The Commission accepted the principle that family law should be liberalized in light of modern times, but tended to adopt a conservative interpretation when making recommendations. For example, it did not prohibit divorce, which was pronounced by the husband in violation of the Quranic “nas”. But he decided that to have the force of law, Nikah had to be registered. The other recommendations have been given above. The report was fiercely opposed by ulema and orthodox Muslims in 1956 because they were against Islam.

After 1956, civilian governments avoided legislating on the report, but General Ayub Khan had some of the report`s recommendations adopted by decree in 1961. A resolution against the Muslim Family Law Ordinance was subsequently presented to the National Assembly, but was not adopted. The decree never found consensus among the ulema and was considered by them to be directed against Islam. It was never introduced in Parliament for proper legislation, but was a compensated law (by the elected Parliament of 1970) of the Ayub era, like the Zina Ordinance of the Zia era, which was compensated by the Parliament of 1985. This Law shall enter into force for all rules, laws, customs and customs applicable in the country for the settlement of disputes falling within the scope of the Regulation. Article 4 of the Regulation introduced a radical change in the law of succession by abolishing the la-warish (no inheritance) system. The previous law provided that the death of a son or daughter of a person before the opening of the succession should deprive the children of such a son or daughter of the inheritance. The Regulation repealed this provision and provided that all of the children of the deceased received an equal share of what the son or daughter would have received if they were still alive. Raḍā or riḍāʿa (Arabic: رضاع, رضاعة pronounced [rɪˈdʕɑːʕ(æ)], “breastfeeding”) is a technical term in Sunni Islamic jurisprudence (fiqh) of the family meaning “breastfeeding that creates the legal obstacle to the marriage of foster relatives”,[63] and refers to the fact that, according to Sunni jurisprudence, a nanny is considered related to the child she is breastfeeding. The term is derived from the infinitive name of the Arabic word radiʿa or radaʿa (“he sucked his mother`s breast”). Often it is translated as “care” or “milk relationship”. [64] Registration of marriage The law made marriage registration mandatory.

This regulation authorizes municipal councils (trade union council, municipal council, municipal body) to issue licences for the registration of marriages to one or more persons, and the persons so authorized are called “nikah civil registrars”. However, the number of such registrars may not exceed one in each municipality. Those who break the regulations are liable to simple imprisonment for up to three months or a fine of up to one thousand taka or both. The Government sets registration fees from time to time. Talaq Persons who wish to divorce their wife must inform the President in writing immediately after the announcement of the talaq (divorce) in any form and provide the woman with a copy of the notice. A talaq, unless revoked earlier, does not take effect until ninety days after the date on which notification is served on the President. Upon receipt of the notification, the President shall establish an arbitration council to achieve reconciliation between the parties and shall take all necessary measures to achieve such reconciliation. If the woman is pregnant at the time of promulgation of talaq, talaq will not take effect until after 90 days or at the end of the gestation period, whichever is later. Nothing in this Regulation shall prevent a woman whose marriage has been dissolved by talaq with effect after this section from remarrying the same husband without marrying a third person, unless the termination takes effect for the third time. In other words, this regulation breaks the bond of marrying another man before marrying the same husband. Anyone who violates the regulations shall be punished by simple imprisonment of up to one year or a fine of up to five thousand taka or both.