{ "schema_version": "qanun-law-text/1", "id": "punjab-code-663f9d39cace9a3a", "title": "MUSLIM FAMILY LAWS ORDINANCE, 1961", "source_collection": "Punjab", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/UmdQZFRhATQ-", "version": null, "source_snapshot": "2026-08-06T16:41:39Z", "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "ce77417a42589c3febf57da89ca33808931cc6f9213607ea841549e86a3d4bce", "source_sha256": "ce77417a42589c3febf57da89ca33808931cc6f9213607ea841549e86a3d4bce", "text_version_id": "law:punjab-code-663f9d39cace9a3a:sha256:ce77417a42589c3febf57da89ca33808931cc6f9213607ea841549e86a3d4bce", "quality_flags": [], "encoding": "UTF-8", "text": "THE MUSLIM FAMILY LAWS ORDINANCE, 1961 \r\n(VIII of 1961) \r\nCONTENTS \r\n1. Short title, extent, application and commencement. \r\n2. Definitions. \r\n3. Ordinance to override other laws, etc. \r\n4. Succession. \r\n5. Registration of marriages. \r\n6. Polygamy. \r\n7. Talaq. \r\n8. Dissolution of marriage otherwise than by talaq. \r\n9. Maintenance. \r\n10. Dower. \r\n11. Power to make rules. \r\n12. [Omitted] \r\n13. [Omitted] \r\n \r\n \r\n \r\nTEXT \r\n1\r\nTHE MUSLIM FAMILY LAWS ORDINANCE, 1961 \r\n(VIII of 1961) \r\n[2 March 1961] \r\nAn \r\nOrdinance \r\nto give effect to certain recommendations of the Commission on Marriage and \r\nFamily Laws. \r\n WHEREAS it is expedient to give effect to certain recommendations of the \r\nCommission on Marriage and Family Laws; \r\n NOW THEREFORE, in pursuance of the Procla mation of the seventh day of \r\nOctober, 1958, and in exercise of all powers enabling him in that behalf, the \r\nPresident is pleased to make and promulgate the following Ordinance:– \r\n1. Short title, extent, application and commencement .– (1) This Ordinance \r\nmay be called the Muslim Family Laws Ordinance, 1961. \r\n (2) It extends to the whole of \r\n2\r\n[the Punjab] , and applies to all Muslim \r\ncitizens of Pakistan, wherever they may be. \r\n \r\n3\r\n[(3) It shall come into force at once.] \r\n4\r\n[2. Definitions.– In this Ordinance: \r\n(a) “Arbitration Council” means a body consisting of the Chairman and \r\nrepresentative of each of the parties to a matter under the Ordinance; \r\nand, in case any party fails to nominate a representative within the \r\nprescribed time, the body formed without such representa tive shall be \r\nthe Arbitration Council; \r\n(b) “Chairman” means the Chairman of a Union Council, Union \r\nAdministration or Municipal Committee or any officer authorized by the \r\nGovernment to discharge the functions of the Chairman under the \r\nOrdinance and where th e Chairman is a non -Muslim or he himself \r\nwishes to make an application to the Arbitration Council, or is, owing to \r\nillness or any other reason, unable to discharge the functions of the \r\nChairman, the Arbitration Council shall select one of its Muslim \r\nmembers as Chairman; \r\n \r\n1In pursuance of the Proclamation of the seventh day of October, 1958, and in exercise of all powers enabling him in that \r\nbehalf, the President of Pakistan was pleased to make and promulgate this Ordinance which was published in the Gazette of \r\nPakistan (Extraordinary), dated March 2,1961, pp. 693c-693g. This Ordinance was originally in the Federal ambit, however, the \r\nsubject on which this law was enacted devolved to the provinces by virtue of 18 th Amendment in the Constitution, hence, it was \r\nadapted, with amendments, for the province of the Punjab by the Muslim Family Laws (Amendment) Act 2015 (XIII of 2015) , \r\npublished in the Punjab Gazette (Extraordinary), dated March 18, 2015, pp. 3445-3446. \r\n2Substituted for the word “Pakistan” by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 2015), published in the \r\nPunjab Gazette (Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 2(a). \r\n3Substituted by the Act ibid., s. 2(b). \r\n4Ibid., s. 3. \r\n(c) “Government” means Government of the Punjab; \r\n(d) “prescribed” means prescribed by rules made under this Ordinance; \r\nand \r\n(e) “Union Council” means a Union Council, Municipal Committee, \r\nCantonment Board, a Union Administration or, in case o f absence of \r\nany of these local governments in a local area, any other comparable \r\nbody constituted under any law relating to the local governments or \r\nlocal authorities.] \r\n3. Ordinance to override other laws, etc.– (1) The provisions of this Ordinance \r\nshall have effect notwithstanding any law, custom or usage, and the registration of \r\nMuslim marriages shall take place only in accordance with those provisions. \r\n (2) For the removal of doubt, it is hereby declared that the provisions of the \r\nArbitration Act, 1940 (X of 1940), the Code of Civil Procedure, 1908 (Act V of 1908), \r\nand any other law regulating the procedure of courts , shall not apply to any \r\nArbitration Council. \r\n4. Succession.– In the event of the death of any son or daughter of the \r\npropositus before the opening of succession, the children of such son or daughter, if \r\nany, living at the time the succession opens, shall per stirpes receive a share \r\nequivalent to the share which such son or daughter, as the case may be, would have \r\nreceived if alive. \r\n5. Registration of marriages .– (1) Every marriage solemnized under Muslim \r\nLaw shall be registered in accordance with the provisions of this Ordinance. \r\n \r\n1\r\n[(2) For the purpose of registration of marriages under this Ordinance, the \r\nUnion Council shall grant licenses to one or more persons, to be called Nikah \r\nRegistrars.] \r\n \r\n2\r\n[(2A) The Nikah Registrar or the person who solemnizes a Nikah shall \r\naccurately fill all the columns of the Nikahnama form with specific answers of the \r\nbride or the bridegroom.] \r\n (3) Every marriage no t solemnized by the Nikah Registrar shall, for the \r\npurpose of registration under this Ordinance, be reported to him by the person who \r\nhas solemnized such marriage. \r\n \r\n3\r\n[(4) If a person contravenes the provision of: \r\n(i) subsection (2A), he shall be punished t o simple imprisonment for a \r\nterm which may extend to one month and fine of twenty five thousand \r\nrupees; and \r\n(ii) subsection (3), he shall be punished to simple imprisonment for a term \r\nwhich may extend to three months and fine of one hundred thousand \r\nrupees.] \r\n \r\n1Substituted by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 2015), published in the Punjab Gazette \r\n(Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 4(a). \r\n2Inserted by the Act ibid., s. 4(b). \r\n3Substituted by the Act ibid., s. 4(c). \r\n (5) The form of nikah nama , the registers to be maintained by Nikah \r\nRegistrars, the records to be preserved by Union Councils, the manner in which \r\nmarriages shall be registered and copies of nikah nama shall be supplied to the \r\nparties, and the fees to be charged therefor, shall be such as may be prescribed. \r\n (6) Any person may, on payment of the prescribed fee, if any, inspect at \r\nthe office of the Union Council the record preserved under sub -section (5), or obtain \r\na copy of any entry therein. \r\n6. Polygamy.– (1) No man, during the subsistence of an existing marriage, \r\nshall, except with the previous permission in writing of the Arbitration Council, \r\ncontract another marriage, nor shall any such marriage contracted without such \r\npermission be registered under this Ordinance. \r\n (2) An application for permission under sub -section (1) shall be submitted \r\nto the Chairman in the prescribed manner, together with the prescribed fee, and shall \r\nstate the reasons for the proposed marriage, and whether the consent of exist ing \r\nwife or wives has been obtained thereto. \r\n (3) On receipt of the application under sub -section (2), the Chairman shall \r\nask the applicant and his existing wife or wives each to nominate a representative, \r\nand the Arbitration Council so constituted may, if satisfied that the proposed \r\nmarriage is necessary and just, grant, subject to such conditions, if any, as may be \r\ndeemed fit, the permission applied for. \r\n (4) In deciding the application the Arbitration Council shall record its \r\nreasons for the decision, an d any party may, in the prescribed manner, within the \r\nprescribed period, and on payment of the prescribed fee, prefer an application for \r\nrevision, \r\n1\r\n[to the Collector] concerned and his decision shall be final and shall not be \r\ncalled in question in any court. \r\n (5) Any man who contracts another marriage without the permission of the \r\nArbitration Council shall– \r\n(a) pay immediately the entire amount of the dower, whether prompt or \r\ndeferred, due to the existing wife or wives, which amount, if not so \r\npaid, shall be recoverable as arrears of land revenue; and \r\n2\r\n[(b) on conviction upon complaint be punishable with the simple \r\nimprisonment which may extend to one year and with fine of five \r\nhundred thousand rupees.] \r\n7. Talaq.– (1) Any man who wishes to divorce his wife s hall, as soon as may be \r\nafter the pronouncement of talaq in any form whatsoever, give the Chairman notice \r\nin writing of his having done so, and shall supply a copy thereof to the wife. \r\n (2) Whoever, contravenes the provisions of sub -section (1) shall be \r\npunishable with simple imprisonment for a term which may extend to one year, or \r\nwith fine which may extend to five thousand rupees or with both. \r\n \r\n1Substituted for the words and commas“, in the case of West Pakistan, to the Collector and, in the case of East Pakistan, to the \r\nSub-Divisional Officer” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of Pakistan \r\n(Extraordinary), dated August 1, 1975, pp. 435-467, Article (2) read with Schedule. \r\n2Substituted by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 2015), published in the Punjab Gazette \r\n(Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 5. \r\n (3) Save as provided in sub -section (5), a talaq unless revoked earlier, \r\nexpressly or otherwise, shall not be ef fective until the expiration of ninety days from \r\nthe day on which notice under sub-section (1) is delivered to the Chairman. \r\n (4) Within thirty days of the receipt of notice under sub -section (1), the \r\nChairman shall constitute an Arbitration Council for th e purpose of bringing about a \r\nreconciliation between the parties, and the Arbitration Council shall take all steps \r\nnecessary to bring about such reconciliation. \r\n (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not \r\nbe effective unti l the period mentioned in sub -section \r\n1\r\n[(3)] or the pregnancy, \r\nwhichever be later, ends. \r\n (6) Nothing shall debar a wife whose marriage has been terminated by \r\ntalaq effective under this section from re -marrying the same husband, without an \r\nintervening marriage with a third person, unless such termination is for the third time \r\nso effective. \r\n8. Dissolution of marriage otherwise than by talaq.– Where the right to \r\ndivorce has been duly delegated to the wife and she wishes to exercise that right, or \r\nwhere any of the parties t o a marriage wishes to dissolve the marriage otherwise \r\nthan by talaq, the provisions of section 7 shall, mutatis mutandis and so far as \r\napplicable, apply. \r\n9. Maintenance.– (1) If any husband fails to maintain his wife adequately, or \r\nwhere there are more wives than one, fails to maintain them equitably, the wife, or all \r\nor any of the wives, may in addition to seeking any other legal remedy available \r\napply to the Chairman who shall constitute an Arbitration Council to determine the \r\nmatter, and t he Arbitration Council may issue a certificate specifying the amount \r\nwhich shall be paid as maintenance by the husband. \r\n \r\n2\r\n[(1A) If a father fails to maintain his child, the mother or grandmother of the \r\nchild may, in addition to seeking any other legal reme dy, apply to the Chairman who \r\nshall constitute an Arbitration Council and the Arbitration Council may issue a \r\ncertificate specifying the amount which shall be paid by the father as maintenance of \r\nthe child.] \r\n (2) A husband or wife may, in the prescribed manner, within the prescribed \r\nperiod, and on payment of the prescribed fee, prefer an application for revision of the \r\ncertificate, \r\n3\r\n[to the Collector] concerned and his decision shall be final and shall not \r\nbe called in question in any court \r\n4\r\n[:] \r\n \r\n5\r\n[Provided that the Commissioner of a Division may, on an application made in \r\n \r\n1Substituted for the figure and brackets “(2)” by the Muslim Family Laws (Second Amendment) Ordinance, 1961 (XXX of 1961), \r\n(w.e.f. 2.3.1961), published in the Gazette of Pakistan (Extraordinary), pp. 1128e-1128f, s. 2. \r\n2Substituted by the Punjab Muslim Family Laws (Amendment) Act, 2015 (XIII of 201 5), published in the Punjab Gazette \r\n(Extraordinary), dated March 18, 2015, pp. 3445-3446, s. 6. \r\n3Substituted for the words and commas“, in the case of West Pakistan, to the Collector and, in the case of East Pakistan, to the \r\nSub-Divisional Officer” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the Gazette of Pakistan \r\n(Extraordinary), dated August 1, 1975, pp. 435-467, Article (2) read with Schedule. \r\n4Substituted for the full stop by the Punjab Muslim Family Laws (Punjab Amendment) Act, 1975 (XI of 1975), published in the \r\nPunjab Gazette (Extraordinary), dated March 11, 1975, s. 2. \r\n5Added by the Act ibid. \r\nthis behalf and for reasons to be recorded, transfer an applic ation, for revision of the \r\ncertificate from a Collector to any other Collector, or to a Director, Local Government \r\nor to an Additional Commissioner in his Division.] \r\n (3) Any amount payable under sub -section (1) or (2), if not paid in due \r\ntime, shall be recoverable as arrears of land revenue. \r\n10. Dower.– Where no details about the mode of payment of dower are specified \r\nin the nikah nama, or the marriage contract, the entire amount of the dower shall be \r\npresumed to be payable on demand. \r\n11. Power to make rules .– (1) The \r\n1\r\n[\r\n2\r\n[Federal Government] in respect of the \r\nCantonment areas and the Provincial Government in respect of other area s] may \r\nmake rules to carry into effect the purposes of this Ordinance. \r\n (2) In making rules under this section, the \r\n3\r\n[such Government] may provide \r\nthat a breach of any of the rules shall be punishable with simple imprisonment which \r\nmay extend to one month, or with fine which may extend to two hundred rupees, or \r\nwith both. \r\n (3) Rules made under this section shall be published in the official \r\nGazette, and shall thereupon have effect as if enacted in this Ordinance. \r\n4\r\n[12. * * * * * * * * * ] \r\n5\r\n[13. * * * * * * * * * ] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Substituted for the words “Provincial Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the \r\nGazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, Article (2) read with Schedule. \r\n2Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (4 of 1975), published in the \r\nGazette of Pakistan (Extraordinary), dated August 1, 1975, pp. 435-467, Article (2) read with Schedule. \r\n3Substituted for the words “Provincial Government” by the Central Adaptation of Laws Order, 1964 (1 of 1964), published in the \r\nGazette of Pakistan (Extraordinary), dated May 28, 1964, pp. 251c-251aao, Article (2) read with Schedule. \r\n4Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) (w.e.f. 8.7.1981), published in the \r\nGazette of Pakistan (Extraordinary), pp. 345-475. s. 3 read with Second Schedule. \r\n5Ibid.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; 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