This position was reversed by another decision of the appellate Court in 1993, and the provisions of the Ordinance were immediately challenged on the basis of their alleged divergence from the "Injunctions of Islam." This essay reviews the provisions of section 4 of the Ordinance and examines the decision of the Shariat Court as regards this particular provision. He also authorized the development of family-planning programs that were aimed at tackling the dilemma of Pakistan’s growing population. Some laws, however, were specifically exempted from the Court's jurisdiction falling within this category is "Muslim Personal Law." A 1981 decision of the appellate Court (the Shariat Bench of the Supreme Court) held that the provisions of the Muslim Family Laws Ordinance were included within the phrase "Muslim Personal Law," and were thus outside the jurisdiction of the Federal Shariat Court. history of Pakistan In Pakistan: Military government least of these was the Muslim Family Laws Ordinance of 1961, which restricted polygamy and provided more rights and protection for women. Nearly two decades later, the Federal Shariat Court was established and endowed with jurisdiction to declare a law contrary to "the Injunctions of Islam" and thus void.
The principle of representation incorporated in the Pakistani solution contrasts with the compulsory bequest relied upon by several Middle Eastern countries to deal with the same problem, although arguably representation more closely reflects the experience and expectations of the people of Pakistan. muslim family laws ordinance, 1961 (viii of 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 recommendation of the commission on marriage and family laws.
#MUSLIM FAMILY LAW ORDINANCE 1961 TRIAL#
Section 4 of the Pakistan Muslim Family Laws Ordinance, 1961, dramatically altered the law of succession applicable to Muslims by granting to the orphaned grandchild(ren) the share that their deceased parent would have taken had s/he survived the propositus. Divorce/Talaq after Pronouncement in Pakistan: An Analysis along-with Recommendations for Reform in Section 7 of the Muslim Family Law Ordinance, 1961. In section 5B of the Family Court Ordinance, restitution of conjugal rights has been specifically mentioned as a subject matter for trial and disposal by a.
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