Introduction Constitutional Status of Islamic Law Marriage in Islam Divorce Islamic Provisions in the 1973 Constitution of Pakistan Conclusion

2.  Introduction
 Constitutional Status of Islamic Law
 Marriage in Islam
 Divorce
 Islamic Provisions in the 1973 Constitution of
Pakistan
 Conclusion

3. The legal system is based on English common law and
Islamic law. A seven-member Commission on Marriage
and Family Laws was established in 1955 . The Muslim
Family Laws Ordinance, 1961 adopted some of the
provisions of the Report of the Marriage and Family
Laws Commission, aiming to reform divorce law and
inheritance law relating to orphaned grandchildren,
introduce compulsory marriage registration, place
restrictions on the practice of polygamy, and reform the
law relating to dower and maintenance in marriage and
divorce, as well as to amend existing legislation with
relation to marriage age.

4. The third Constitution was adopted on 10th April 1973, suspended in
1977, and re-instituted in 1985 and It was suspended again in 1999 .
Marriage in Islam
Marriage age should be 18 for males and 16 for females; penal sanctions for contracting
under-age marriages, though such unions remain valid.
Marriage governed by classical Hanafi law court confirmed that, under current
law, adult Hanafi Muslim woman can contract herself in marriage without wal’s
consent as essential requirement for validity of contract is the woman’s consent and
not the wali’s.
The Muslim Family Laws Ordinance (MFLO), 1961 introduced reforms concerned
with the registration of marriage and divorce, inheritance rights of orphaned
grandchildren, restrictions on polygamy, consideration of every talaq (except the
third of three) as single and revocable, formalization of reconciliation procedures
in disputes relating to maintenance or dissolution of marriage, and recovery of
mahr, along with specified penalties for non-compliance.
The chairman of the Union Council will also constitute an Arbitration
Council to determine the matter in cases to seeking legal matters.

5. Talaq was generally rendered invalid by failure to notify in 1960s and 1970s, but introduction
of Zina Ordinance led to changes in judicial practice so that failure to notify does not
invalidate talaq.
The MFLO requires that the divorcing husband shall, as soon as possible after a
talaq pronounced "in any form whatsoever", give the chairman of the Union
Council notice in writing. The chairman is to supply a copy of the notice to the wife.
Non-compliance is punishable by imprisonment and/or a fine. Within thirty days of
receipt of the notice of repudiation, the chairman must constitute an Arbitration
Council in order to take steps to bring about reconciliation. Should that fail, a talaq
that is not revoked, either expressly or implicitly, takes effect after the expiry of
ninety days from the day on which the notice of repudiation was delivered to the
chairman.
If the wife is pregnant at the time of the pronouncement of talaq, the talaq
does not take effect until ninety days have elapsed or the end of the
pregnancy, whichever is later.
Judicial khula may also be granted without husband’s consent if wife is
willing to forgo her financial rights.
The classical law is applied for the maintenance of during and after
marriage

6. The following are the Islamic provisions of 1973 constitution based on the
principles of Holy Quran and Sunnah :
1. Islamic Republic of Pakistan
2. State Religion
3. Sovereignty Belongs to Allah
4. Definition of a Muslim
5. A Muslim to be a President and Prime Minister
6. Islamic Way of Life
7. Promotion of Social Justice and Eradication of Social Evils
8. Teachings of Holy Quran
9. Strengthen Bond, with Muslim World
10. Council of Islamic Ideology
11. Error Free Publication of Quran
12. Oath to Project and Promote Islamic Ideology
13. Ahmadi's a Non-Muslim Minority

7. Life is changing process and it is essential that changes in
law be part of the legal system in Pakistan. There must be
an end to distress and delays in litigation. The environment
in courts must improve. Everyone needs to work to realize
justice for all. The High Court and the Honorable Supreme
Court have at times exercised their somite jurisdiction and
taken up cases, through press reports, of gross violation and
cruelty to women. Courts must encourage people to come
directly with their complaints in cases concerning violation
of Human Rights. There must also be a network of propone
lawyers and paid lawyers through the aegis of government
to protect the inherent human rights of women.