Here you find information about family law in Pakistan. Our team of family lawyers best assist their clients in resolving family law affairs herein Pakistan. The legal system is based on English common law and Islamic law.
After the partition of India in 1947, the legislation relating to Muslim family law introduced in British India continued to govern personal status. A seven-member Commission on Marriage and Family Laws was established in 1955 with a remit to consider the personal status laws applicable in the new state and determine the areas needing reform.
Constitutional Status of Islamic Law
The third Constitution was adopted on 10th April 1973, suspended in 1977, and re-instituted in 1985; it has undergone numerous amendments over time. It was suspended again in 1999 and remained suspended at the time of writing.
Article 1 of the Constitution declares that Pakistan shall be known as “the Islamic Republic of Pakistan” and Article 2 declares Islam the state religion. In 1985, the Objectives Resolution contained in the preamble of the Constitution was made a substantive provision by the insertion of Article 2A, thereby requiring all laws to be brought into consonance with the Quran and sunnah. Chapter 3A establishes the Federal Shariat Court and stipulates that the Court shall take up the examination of any law or provision of law that may be repugnant to the “injunctions of Islam, as laid down in the Holy Quran and the Sunnah”. If a law or provision is determined to be repugnant, the Court is to provide notice to the federal or provincial government specifying the reasons for the decision. The Court may also examine any decisions relating to the application of the hudud penalties which have been decided by any criminal court, and may suspend the sentence if there is any question as to the correctness, legality or propriety of any finding, sentence or order or the regularity of the proceedings. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of the Federal Shariat Court and consisting of three Muslim Supreme Court judges and up to two ulama. Part IX of the Constitution is entitled Islamic Provisions and provides for the Islamization of all existing laws, reiterating that no laws shall be enacted which are repugnant to the injunctions of Islam.
The Islamic provisions also provide for the creation of an Islamic Ideology Council of 8 to 20 members appointed by the President. They must have “knowledge of the principles and philosophy of Islam as enunciated in the Holy Quran and Sunnah, or understanding of the economic, political, legal or administrative problems of Pakistan.” The Islamic Council is meant to represent various schools of thought as far as that may be practical, and at least one woman should be appointed. Its function is to make recommendations to the Majlis-e-Shoora (Parliament) and the Provincial Assemblies “as to the ways and means of enabling and encouraging the Muslims of Pakistan to order their lives individually and collectively in all respects in accordance with the principles and concepts of Islam as enunciated in the Holy Quran and Sunnah.”
Family Court and Judicial System
The judiciary is composed of three levels of federal courts, three divisions of lower courts, and a Supreme Judicial Council. District courts in every district of each province, having both civil and criminal jurisdiction though they deal mainly with civil matters. High Court of each province has appellate jurisdiction over the lower courts. Supreme Court has exclusive jurisdiction over disputes between federal and among provincial governments, and appellate jurisdiction over High Court decisions. Federal Shariat Court established by Presidential Order in 1980. This Court has a remit to examine any law that may be repugnant to the “injunctions of Islam, as laid down in the Holy Quran and the Sunnah.” If a law is found to be repugnant, the Court is to provide notice to the level of government concerned specifying the reasons for its decision. The Court also has jurisdiction to examine any decisions of any criminal court relating to the application of hudud penalties. The Supreme Court also has a Shariat Appellate Bench empowered to review the decisions of the Federal Shariat Court. The West Pakistan Family Courts Act, 1964 governs the jurisdiction of Family Courts. These courts have exclusive jurisdiction over matters relating to personal status. Appeals from the Family Courts lie with the High Court only.
RLO Legal Services in Family Cases
The Family Courts have exclusive jurisdiction over matters pertaining to:
- Dissolution of marriage on the basis of Talaq
- Dissolution of marriage on the basis of Khulla,
- Dower Recovery,
- Maintenance of Wife and Minors,
- Restitution of conjugal rights,
- Custody of children, and Guardianship.
- Process of Arbitration Council
- Domestic Disputes
- Traveling abroad with kids as a Single Parent
Relevant Legislation
- Guardians and Wards Act, 1890
- Child Marriage Restraint Act, 1929
- Dissolution of Muslim Marriages Act, 1939
- Muslim Family Laws Ordinance, 1961
- (West Pakistan) Muslim Personal Law (Shariat) Application Act, 1962
- (West Pakistan) Family Courts Act, 1964
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