Family Law
This domain tests Muslim personal law as regulated in Pakistan: the Muslim Family Laws Ordinance, 1961, the Dissolution of Muslim Marriages Act, 1939, and the Guardians and Wards Act, 1890.
Marriage
Essentials are offer and acceptance, witnesses, dower and absence of prohibited relationships. Registration under section 5 of the MFLO is compulsory; the nikah registrar records the nikahnama, and omission is punishable. A second marriage requires written permission from the Arbitration Council under section 6, with notice to the existing wife; contracting it without permission attracts penal consequences and grounds for the first wife to seek dissolution.
Divorce
- Talaq: the husband pronounces talaq, then gives written notice to the Chairman of the Union Council and a copy to the wife under section 7. The Arbitration Council attempts reconciliation, and the iddat period of 90 days runs under the statutory scheme. Failure to notify is an offence and affects maintenance and proof.
- Khula: the wife seeks release; the court grants it where the parties cannot live within the limits of Allah, usually with return of dower or other consideration.
- DMMA 1939, s. 2: grounds include desertion for two years, failure to maintain for two years, cruelty, imprisonment of seven years or more, impotence, insanity and option of puberty.
Maintenance and custody
Section 9 MFLO provides maintenance for wife and children, with interim orders. Dower is payable on demand. Under Hanafi law the mother's hizanat normally ends for a boy at seven and for a girl at puberty, but the welfare of the child is paramount under the Guardians and Wards Act.
Worked example
A husband pronounces talaq and tells his wife privately but sends no notice to the Union Council. The statutory process is not engaged: no iddat period runs, reconciliation is not attempted, and he exposes himself to penal liability.
Traps
Confusing khula with talaq; assuming dower is always refundable on khula; ignoring registration; treating custody and guardianship as identical.