MUSLIM FAMILY LAWS ORDINANCE, 1961

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THE MUSLIM FAMILY LAWS ORDINANCE, 1961 
(VIII of 1961) 
CONTENTS 
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] 
 
 
 
TEXT 
1
THE MUSLIM FAMILY LAWS ORDINANCE, 1961 
(VIII of 1961) 
[2 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 Procla mation 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 
2
[the Punjab] , and applies to all Muslim 
citizens of Pakistan, wherever they may be. 
 
3
[(3) It shall come into force at once.] 
4
[2. Definitions.– In this Ordinance: 
(a) “Arbitration Council” means a body consisting of the Chairman and 
representative of each of the parties to a matter under the Ordinance; 
and, in case any party fails to nominate a representative within the 
prescribed time, the body formed without such representa tive shall be 
the Arbitration Council; 
(b) “Chairman” means the Chairman of a Union Council, Union 
Administration or Municipal Committee or any officer authorized by the 
Government to discharge the functions of the Chairman under the 
Ordinance and where th e Chairman is a non -Muslim or he himself 
wishes to make an application to the Arbitration Council, or is, owing to 
illness or any other reason, unable to discharge the functions of the 
Chairman, the Arbitration Council shall select one of its Muslim 
members as Chairman; 
                                                           
1In pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that 
behalf, the President of Pakistan was pleased to make and promulgate this Ordinance which was published in the  Gazette of 
Pakistan (Extraordinary), dated March 2,1961, pp. 693c-693g. This Ordinance was originally in the Federal ambit, however, the 
subject on which this law was enacted devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence, it was 
adapted, with amendments, for the province of the Punjab by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) , 
published in the Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3445-3446. 
2Substituted for the word “Pakistan” by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 2015), published in the 
Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 2(a). 
3Substituted by the Act ibid., s. 2(b). 
4Ibid., s. 3. 
(c) “Government” means Government of the Punjab; 
(d) “prescribed” means prescribed by rules made under this Ordinance; 
and 
(e) “Union Council” means a Union Council, Municipal Committee, 
Cantonment Board, a Union Administration or, in case o f absence of 
any of these local governments in a local area, any other comparable 
body constituted under any law relating to the local governments or 
local authorities.] 
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.– 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 stirpes  receive a share 
equivalent to the share which such son or daughter, as the case may be, would have 
received if alive. 
5. Registration of marriages .– (1) Every marriage solemnized under Muslim 
Law shall be registered in accordance with the provisions of this Ordinance. 
 
1
[(2) For the purpose of registration of marriages under this Ordinance, the 
Union Council shall grant licenses to  one or more persons, to be called Nikah 
Registrars.] 
 
2
[(2A) The Nikah Registrar or the person who solemnizes a Nikah shall 
accurately fill all the columns of the Nikahnama form with specific answers of the 
bride or the bridegroom.] 
 (3) Every marriage no t 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. 
 
3
[(4) If a person contravenes the provision of: 
(i) subsection (2A), he shall be punished t o simple imprisonment for a 
term which may extend to one month and fine of twenty five thousand 
rupees; and 
(ii) subsection (3), he shall be punished to simple imprisonment for a term  
which may extend to three months and fine of one hundred thousand 
rupees.] 
                                                           
1Substituted by the Punjab Muslim Family  Laws (Amendment) Act, 2015 (XIII of 2015), published in the Punjab Gazette 
(Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 4(a). 
2Inserted by the Act ibid., s. 4(b). 
3Substituted by the Act ibid., s. 4(c). 
 (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 therefor, 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 the reasons for the proposed marriage, and whether the consent of exist ing 
wife or wives has been obtained thereto. 
 (3) On receipt of the application under sub -section (2), the 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, an d 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 
2
[(b) on conviction upon complaint be punishable with the simple 
imprisonment which may extend to one year and with fine of five 
hundred thousand rupees.] 
7. Talaq.– (1) Any man who wishes to divorce his wife s hall, 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) 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. 
                                                           
1Substituted for the words and commas“, in the case of West Pakistan, to the Collector and, in the case of East Pakistan, to the 
Sub-Divisional Officer” by the Federal Adaptation of  Laws Order, 1975  (4 of 1975), published in the Gazette  of Pakistan  
(Extraordinary), dated August 1, 1975, pp. 435-467, Article (2) read with Schedule. 
2Substituted by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 2015), published in the Punjab Gazette 
(Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 5. 
 (3) Save as provided in sub -section (5), a talaq unless revoked earlier, 
expressly or otherwise, shall not be ef fective 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 th e 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 unti l the period mentioned in sub -section 
1
[(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 t o 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 t he Arbitration Council may issue a certificate specifying the amount 
which shall be paid as maintenance by the husband. 
 
2
[(1A) If a father fails to maintain his child, the mother or grandmother of the 
child may, in addition to seeking any other legal reme dy, apply to the Chairman who 
shall constitute an Arbitration Council and the Arbitration Council may issue a 
certificate specifying the amount which shall be paid by the father as maintenance of 
the child.] 
 (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 
4
[:] 
 
5
[Provided that the Commissioner of a Division may, on an application made in 
                                                           
1Substituted for the figure and brackets “(2)” by the Muslim Family Laws (Second Amendment) Ordinance, 1961 (XXX of 1961), 
(w.e.f. 2.3.1961), published in the Gazette of Pakistan (Extraordinary), pp. 1128e-1128f, s. 2. 
2Substituted by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 201 5), published in the Punjab Gazette 
(Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 6. 
3Substituted for the words and commas“, in the case of West Pakistan, to the Collector and, in the case of East Pakistan, to the 
Sub-Divisional Officer” by the Federal Adaptation of  Laws Order, 1975  (4 of 1975), published in the Gazette  of Pakistan  
(Extraordinary), dated August 1, 1975, pp. 435-467, Article (2) read with Schedule. 
4Substituted for the full stop by the Punjab Muslim Family Laws (Punjab Amendment) Act, 1975 (XI of 1975), published in the 
Punjab Gazette (Extraordinary), dated March 11, 1975, s. 2. 
5Added by the Act ibid. 
this behalf and for reasons to be recorded, transfer an applic ation, for revision of the 
certificate from a Collector to any other Collector, or to a Director, Local Government 
or to an Additional Commissioner in his Division.] 
 (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 dower are specified 
in the nikah nama, or the marriage contract, the entire amount of the dower shall be 
presumed to be payable on demand. 
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 area s] may 
make rules to carry into effect the purposes of this Ordinance. 
 (2) In making rules under this section, the 
3
[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 extend 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. 
4
[12. * * * * * * * * *   ] 
5
[13. * * * * * * * * *   ] 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
1Substituted for the words “Provincial Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the 
Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, Article (2) read with Schedule. 
2Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the 
Gazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article (2) read with Schedule. 
3Substituted for the words “Provincial Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the 
Gazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, Article (2) read with Schedule. 
4Omitted by the Federal Laws (Revision and Declaration) Ordinance,  1981 (XXVII of 1981) (w.e.f. 8.7.1981), published in the 
Gazette of Pakistan (Extraordinary), pp. 345-475. s. 3 read with Second Schedule. 
5Ibid.