Critical Analysis of the Muslim Family Law Ordinance 1961 & The Judicial Precedents

Abstract

There is a long-standing contention on various provisions of the Muslim Family Law Ordinance 1961 (MFLO) since its inception for the reason that many of its provisions are deemed contrary to the original text and the classical interpretation of Islamic law and jurisprudence. For example, the MFLO 1961 allows orphaned child to inherit his grandfather’s estate which is deemed in contravention with the basic principle of the law of succession of Islam which mandates survival of the heir as a prerequisite in order to qualify to inherit the deceased’s estate. Similarly, the MFLO 1961 also obligates husband to seek prior consent from his first wife and approval from the arbitration council in order to proceed for second marriage. The Ordinance also provides a procedure for divorce which tends to be different from that of the original text and classical Islamic law.  Thus, all such foregoing provisions of the Ordinance lead to debates between the modernist and the traditionalist Islamic scholars. Hence, the Ordinance has become subject to sheer criticism from the day it was promulgated. This article will attempt to critically analyze all such sections of the statute and evaluate them in the light of the original text of Islamic law and Jurisprudence and modernists interpretations to ascertain its position in terms of Shariah-compliance.