The government has recently passed a bill making two amendments in the Muslim family law ordinance 1961. The amendment in Muslim family law ordinance 1961 is done in sections 4 and 7 of the ordinance. The divorce procedure in Pakistan or the procedure for divorce certificate in Pakistan is the same for all the sects. Still, this amendment has provided an additional divorce procedure in Pakistan for fiqah e jafria. In addition to the other provisions of divorce provided in the MFLO 1961, now the Ahl e Tashih have to pronounce the Seegha. This seegha can be pronounced by the husband himself, or he can authorize or hire the services of a lawyer (vakil) who can pronounce seegha in the presence of at least two witnesses. The presence of at least two witnesses is mandatory even if the husband himself pronounces the seegha or gets the services of a lawyer (Vakil) to pronounce the seegha. In case there is any difference of opinion between the divorcing husband or wife in the procedural way of in the pronouncement of seegha, they can take the matter of divorce procedure in Pakistan for fiqah e Jafria in the court through a lawyer or take the issue to a Mujtahid e Alam who will be from the panel of Islamic Ideology Council. This amendment in Muslim family law ordinance 1961 was passed on 17-11-2021.
Divorce procedure of fiqha e Jafri
The first amendment is regarding the talaq procedure in Pakistan for fiqah e Jafria. The second amendment in Muslim family law ordinance 1961 in section 4 is regarding the share in the property of husband and wife after the death of any one of them. The other amendment in the Muslim family law ordinance 1961 in section 7 is a procedure of divorce in Pakistan for the fiqah e jafria. The amendment in Muslim family law ordinance 1961 says that the widow of Ahl e Teshih will have one-fourth (1/4) Share in the property left by the deceased husband provided if there are no children. Still, if the Ahl e Tashih have children, then the widow will have one eight (1/8) Share in the property of the deceased husband. The amended law on khula in Pakistan also says that if the deceased husband has more wives than one, one-fourth or eight shares will be distributed. The amendment in the Muslim family law ordinance 1961 has also decided the husband’s share if the Ahl e tashih wife dies. If the Ahl e tashih wife dies without a child, then the husband will get half of the property, but if the Ahl e tashih wife dies with children, then the husband will get one-fourth (1/4) share in the property. The amended Muslim family law also says that they can approach the court of competent jurisdiction or a mujtahid in case of any dispute. The amendments in share in property and divorce procedure in Pakistan for fiqah e Jafria have been passed simultaneously by the government. The process to obtain divorce certificate in Pakistan will remain the same.
Latest amendments in family law 1961