Pronouncement of Talaq in Pakistan Muslim Family Laws Ordinance 1961

Abstract

In August 1955, the Government of Pakitan appointed a commission consisting of seven persons entrusted with the task of suryeying the existiong laws governing marriage, divorce, maintenance and other family matters among Muslims and repot as to what modifications are required in them. On 2nd March 1961, the President of Paksitan issued and Ordinance, to give effect to certain recommendations of the Commission on Marriage and Family Laws which is called '' Muslim Family Laws Ordinance 1961. According to Muslim Family Law, it is essential that the pronoucement of Talaq will be through the Arbitration Council . Arbitration for recomciliation cannot be avoided before the effectiveness of Talaq. The Ordinance considers three divorces at one time as one divorce. The Ordinance describes the term of Iddah as ninty days and in the case of pregnant wife, the period of ninty days or that pregnancy whichever be latter, end. Woman can condition the marriage contract that she will have the right to pronounce divorce to be delegated to her by her husband . The Muslim scholars raised many objections regarding the pronouncement ot Talaq in the Law. The Muslims of Sub-continent struggled for Pakistan because they wnted to live according to their faith. So it is duty of the Government to enable the people to live according to the teachings of Islam. But the Muslim personal Laws in India are more Islamic.