Muslim Family Laws Ordinance, 1961

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THE MUSLIM FAMILY LAWS ORDINANCE, 1961 
 
 
 
 
CONTENTS 
  __________ 
SECTIONS: 
 
1.  Short title, extent, application and commencement. 
2.  Definitions. 
3.  Ordinance to override other laws etc. 
4.  Succession. 
5.  Registration of marriages. 
6.  Polygamy. 
7.  Talaq. 
8.  Dissolution of marriage otherwise than by talaq. 
9.  Maintenance. 
10.  Dower. 
11.  Power to make rules. 
12.  Omitted. 
13.  Omitted. 
 
 
 
 
 
 
 
 
 
 
Updated till 10-3-2022 

 
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THE MUSLIM FAMILY LAWS ORDINANCE, 1961 
 
ORDINANCE NO. VIII OF 1961 
 
[2nd March, 1961] 
 
An Ordinance to give effect to certain recommendations of the Commission on Marriage and 
Family Laws 
 
WHEREAS it is expedient to give effect to certain recommendations of the Commission on 
Marriage and Family Laws; 
 
Now, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, 
and in exercise of all powers enabling him in that behalf, the President is pleased to make and 
promulgate the following Ordinance:⸺ 
 
1. Short title, extent, application and commencement.—(1) This Ordinance may be called 
the Muslim Family Laws Ordinance, 1961. 
 
(2) It extends to the whole of Pakistan, and applies to all Muslim citizens of Pakistan, 
wherever they may be. 
 
(3) It shall come into force on such date 1as the 2[Federal Government] may, by notification 
in the official Gazette, appoint in this behalf. 
 
2. Definitions.—In this Ordinance unless there is anything repugnant in the subject or 
context,⸺ 
 
(a)  “Arbitration Council” means a body consisting of the Chairman 3[* * * *] and 
a representative of each of the parties to a matter dealt with in this 
Ordinance 4[:] 
 
5[Provided that where any party fails to nominate a representative 
within the prescribed time, the body formed without such representative shall 
be the Arbitration Council;] 
 
6[(b) ‘Chairman’ means the Chairman of the Union Council or a person appointed 
by the 7[2[Federal Government] in the Cantonment areas, or by the 
Provincial Government in other areas, ] or by an officer authorized in that 
behalf by any s uch Government, to discharge the functions of  Chairman 
under this Ordinance: 
 
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1The 15th day of July, 1961, see Gaz. of P., S.R.O. 56 (R), 1961, Ext., p. 1128.a. 
2Subs.by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
3The words “of the Union Council” omitted by the Muslim Family Laws (Amdt.) Ordinance, 1961 (XXI of 1961), s. 2. 
4Subs., ibid, for semi-colon. 
5Proviso added, ibid. 
6Subs ibid, for the original clause (b). 
7Subs. by A.O., 1964, Art. 2 and Sch., for “Central or a Provincial Government”. 
 
 
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Provided that where the  Chairman of the Union  Council is a non- 
Muslim, or he him self wishes to make an application to the A rbitration 
Council, or is, owing to illness or any other reason, unable to discharge the 
functions of Chairman, the Council shall elect one of its Muslim members as 
Chairman for the purposes of this Ordinance;] 
 
(c)  “Prescribed” means prescribed by rules made under section 11; 
 
(d)  “Union Council” means the Union Council or the Town or Union Committee 
constituted under the Basic Democracies Order, 1959, and 1[having in the 
matter jurisdiction as prescribed]; 
 
(e)  “Ward” means a ward within a Union or Town as defined in the aforesaid 
Order. 
 
3. Ordinance to override other laws, etc.⸺(1) The provisions of this Ordinance shall have 
effect notwithstanding any law, custom or usage, and the registration of Muslim marriages shall 
take place only in accordance with those provisions. 
 
(2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 
1940 (X of 1940), the Code of Civil Procedure 1908 (Act V of 1908), and any other law regulating 
the procedure of courts shall not apply to any Arbitration Council. 
 
4. Succession.⸺ 2[(1) ] In the event of the death of any son or daughter of the propositus 
before the opening of succession, the children of such son or daughter, if any, living at the time the 
succession opens, shall per stripes receive a share equivalent to the share which such son or 
daughter, as the case may be, would have received if alive. 
 
2[(2) If a Muslim male from Ahl-e-Teshih dies, the share of a widow in the immovable 
property left behind by her deceased husband shall be as follows:― 
(a)  one-fourth share of the fixed price or value of the property, if there is no child 
left behind the deceased husband; and 
(b)  one-eighth share, if there is child left behind. 
(3) If there are two or more widows, the share, as mentioned in sub-section (2), shall be 
divided equally among them. 
(4) The price or value of the property shall be the price or value existing at the time of 
payment and not the price or value which existed at the time of death of the husband: 
Provided that if the legal heirs of the deceased do not give the widow her share in the above 
terms, she shall become entitled to her due share in the corpus of immovable property. 
(5) A widow is entitled to her share in the corpus of movable property of her deceased 
husband provided that the provisions of sub-sections (2) and (3) shall mutatis mutandis apply. 
 
1Subs. by the Muslim Family Laws (Amdt.) Ordinance, 1961 (XXI of 1961), s. 2, for “having jurisdiction in the area concerned”. 
2Renumbered as sub-section (1) and added new sub-sections from (2) to (8) by Act, XXVIII of 2021, s. 2. 
 
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 (6) Fiqah-e-Jafri recognizes right of a husband to get his share from the property left by his 
deceased wife, either movable or immovable, as follows:⸺ 
 
(a)  one-half share, if there is no child left behind; and 
 
(b)  one-fourth share of the property, if there is child left behind. 
(7) In case of dispute, the parties or any of the parties may have recourse to a court of 
competent jurisdiction or by approaching the Mujtahid-e-Alam from the panel maintained by the 
Council of Islamic Ideology. The decision of Mujtahid-e-Alam shall have a status of an award and 
the same shall be dealt with in accordance with the provisions of the Arbitration Act, 1940 (X of 
1940). 
Explanation.—The expression “Mujtahid-e-Alam (Faqih-e-Azam)” means a juris-consult, 
religious scholar or doctor of Shia school of thought well versed with Shariah having international 
repute and of such recognition. The Council of Islamic Ideology shall maintain a panel of Mujtahid-
e-Alam having aforesaid qualifications. 
(8) As enshrined in Article 227 of the Constitution of the Islamic Republic of Pakistan, the 
inheritance rights of Ahl-e-Tashih and matters connected therewith or ancillary thereto shall be 
decided according to their personal law interpreted by Fiqah-e-Jafria (Shia school of thought).] 
 
5. Registration of marriages.⸺(1) Every marriage solemnized under Muslim Law shall be 
registered in accordance with the provisions of this Ordinance. 
 
(2) For the purpose of registration of marriages under this Ordinance, the Union Council 
shall grant licences to one or more persons, to be called Nikah Registrars, but in no case shall more 
than on Nikah Registrar be licensed for any one Ward. 
 
(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of 
registration under this Ordinance, be reported to him by the person who has solemnized such 
marriage. 
 
(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with simple 
imprisonment for a term which may extent to three months, or with fine which may extend to one 
thousand rupees, or with both. 
 
(5) The form of nikah nama, the registers to be maintained by Nikah Registrars, the records 
to be preserved by Union Councils, the manner in which marriages shall be registered and copies of 
nikah nama shall be supplied to the parties and the fees to be charged thereof, shall be such as may 
be prescribed. 
 
(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the 
Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein. 
 
6. Polygamy.⸺(1) No man, during the subsistence of an existing marriage, shall, except 
with the previous permission in writing of the Arbitration Council, contract another marriage, nor 
shall any such marriage contracted without such permission be registered under this Ordinance. 
 
(2) An application for permission under sub-section (1) shall be submitted to the Chairman 
in the prescribed manner, together with the prescribed fee, and shall state reasons for the proposed 
marriage, and whether the consent of the existing wife or wives has been obtained thereto. 
 
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(3) On receipt of the application under sub-section (2), t h e  Chairman shall ask the 
applicant and his existing wife or wives each to nominate a representative, and the Arbitration 
Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, 
subject to such conditions, if any, as may be deemed fit, the permission applied for. 
 
(4) In deciding the application the Arbitration Council shall record its reasons for the 
decision, and any party may, in the prescribed manner, within the prescribed period, and on payment 
of the prescribed fee, prefer an application for revision, 1[to the Collector] concerned and his 
decision shall be final and shall not be called in question in any Court. 
 
(5) Any man who contracts another marriage without the permission of the Arbitration 
Council shall⸺ 
 
(a)  pay immediately the entire amount of the dower, whether prompt or deferred, 
due to the existing wife or wives, which amount, if not so paid, shall be 
recoverable as arrears of land revenue; and 
 
(b)  on conviction upon complaint be punishable with simple imprisonment which 
may extend to one year, or with fine which may extend to five thousand 
rupees, or with both. 
 
7. Talaq.—(1) Any man who wishes to divorce his wife shall, as soon as may be after the 
pronouncement of talaq in any form whatsoever, give the Chairman  notice in writing of his having 
done so, and shall supply a copy thereof to the wife 2[:] 
 
2[Provided that where the parties belong to Fiqah-e-Jafria,⸺ 
 
(a) the man may voluntarily and with his free will pronounce himself or through 
duly authorized attorney ( Vakil) Talaq uttering in literal Arabic words 
(seegha) in the physical presence of at least two witnesses qualifying the 
requirements of clause (1) of Article 17 of the Qanun -e-Shahadat, 1984 (P.O. 
No. 1 of 1984); 
 
(b) the pronouncement of Talaq shall be ineffective if it is done jokingly or under 
anger, intoxication, insanity, duress or coercion of any kind and from any 
corner whatsoever; and 
 
(c) in case of dispute, with reference to clauses (a) or (b) arising due to difference 
of opinion, the parties or any of the parties may have recourse to a court of 
competent jurisdiction or by approaching the “Mujtahid-e-Alam” and the 
decision of Mujtahid-e-Alam shall have a status of an award and the same 
shall be dealt with in accordance with the provisions of the Arbitration Act, 
1940 (X of 1940). 
 
Explanation.⸺The expression “Mujtahid-e-Alam (Faqih-e-Azam)” means a juris -consult, 
religious scholar or doctor of Shia school of thought well versed with Shariah having international 
repute and of such recognition. The Council of Islamic Ideology shall maintain a panel of Mujtahid-
e-Alam having aforesaid qualifications.] 
 
_________________________________________________________________________________
 1Subs. by F.A.O., 1975, Art. 2 & Sch., for certain words. 
2Subs. and ins. by the Muslim Family Law (Second Amendment) Act, 2021 (XXIX of 2021), s. 2. 
 
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1[(1A) As enshrined in Article 227 of the Constitution o f the Islamic Republic of Pakistan, 
the divorce and matters connected therewith or ancillary thereto shall be decided according to the 
personal law interpreted by Fiqah-e-Jafria (Shia school of thought).] 
 
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with simple 
imprisonment for a term which may extend to one year or with fine which may extend to five 
thousand rupees or with both. 
 
(3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or 
otherwise shall not be effective until the expiration of ninety days from the day on which notice 
under sub-section (1) is delivered to the Chairman. 
 
(4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall 
constitute an Arbitration Council for the purpose of bringing about a reconciliation between the 
parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation. 
 
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until 
the period mentioned in sub-section 2[(3)] or the pregnancy, whichever be later, ends. 
 
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under 
this section from re-marrying the same husband, without an intervening marriage with a third person 
unless such termination is for the third time so effective. 
 
8. Dissolution of marriage otherwise than by talaq.⸺Where the right to divorce has been 
duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a 
marriage wishes to dissolve the marriage otherwise than by talaq, the provisions of section 7 shall, 
mutatis mutandis and so far as applicable, apply. 
 
9. Maintenance.⸺(1) If any husband fails to maintain his wife adequately, or where there 
are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may 
in addition to seeking, any other legal remedy available apply to the Chairman who shall constitute 
an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate 
specifying the amount which shall be paid as maintenance by the husband. 
 
(2) A husband or wife may, in the prescribed manner, within the prescribed period, and on 
payment of the prescribed fee, prefer an application for revision of the certificate, 3 [to the Collector] 
concerned and his decision shall be final and shall not be called in question in any Court. 
 
(3) Any amount payable under sub-section (1) or (2), if not paid in due time, shall be 
recoverable as arrears of land revenue. 
 
10. Dower.⸺Where no  details about the mode  of payment of dow er are specified in the 
nikah nama, or the marriage contract, the entire amount of the dower shall be prescribed to 
be payable on demand. 
 
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1Ins. new sub-section (1A) by the Muslim Family Law (Second Amendment) Act, 2021 (XXIX of 2021), s. 2. 
2Subs. by the Muslim Family Law (Second Amendment) Ordinance, 1961 (XXX of 1961), s. 2 for “(2)”. 
3Subs. by F.A.O., 1975, Art., 2 and Sch., for certain words. 
 
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11. Power to make rules.⸺(1) The 1[2[Federal Government] in respect of the Cantonment 
areas and the Provincial Government in respect of other areas] may make rules to carry into effect 
the purposes of this Ordinance. 
 
(2) In making rules under this section, the 1[such Government] may provide that a breach 
of any of the rules shall be punishable with simple imprisonment which may extend to one month, 
or with fine which may extent to two hundred rupees, or with both. 
 
(3) Rules made under this section shall be published in the official Gazette, and shall 
thereupon have effect as if enacted in this Ordinance. 
 
12. [Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929).] Omitted by the 
Federal Laws (Revision and declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II. 
 
13. [Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939)]. Omitted 
by the Federal Laws (Revision and declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II. 
  
 
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1Subs. by A.O., 1964, Art. 2 and Sch., for “Provincial Government”. 
2Subs. by F.A.O., 1975, Art., 2 and Table, for “Central Government”.