Family Laws in Pakistan A Guide to Legal Rights and Obligations
We provide legal advice and representation in all aspects of family law, including divorce, domestic violence, child custody, child support, separation agreements, compensation and maintenance, adoption, visitation, and other family-related matters.
Religious Diversity and Family Law in Pakistan: A Comprehensive Overview
Family law in Pakistan is based on Islamic law and the personal status laws of various faiths. Under the principles of territoriality, whichever code applies to a person’s religion will dictate their family matters, regardless of their place of residency. Muslims are regulated by the Muslim Family Laws Ordinance 1961 and subsequent amendments, while Christians are governed by the Christian Family Laws Ordinance 1984 and Hindus by the Hindu Marriage Act 1955. These ordinances have replaced customary laws previously used. Furthermore, Pakistani family law views marriage as an agreement between a man and a woman who has consented after puberty.
Family Laws Regarding Marriage, Divorce, Child Custody, and Maintenance in Pakistan
Marriage, Divorce, Custody, and Maintenance Statutes in Pakistan
- 1890 Guardians and Wards Act
- 1929 Child Marriage Restraint Act
- 1939 Dissolution of Muslim Marriages Act
- The Muslim Family Law Ordinance of 1961 (link)
- The Muslim Personal Law ( Shariat ) Application Act 1962 (West Pakistan)
- Family Law Courts Act 1964 (West Pakistan)
- Zina (Enforcement of Hudood) Ordinance 1979
- The Law of Evidence ( Qanun-e-Shahadat ) Order of 1984
- Sharia Act of 1991 enforcement
- 1976 Dowry and Bridal Gifts (Restriction) Act
- 1979 Prohibition (Enforcement of Hudood) Order
- Infringement of the Qazf (Enforcement of Hudood) Order 1979
- The 1979 Whipping Punishment Ordinance is being implemented
Muslim Marriage Laws in Pakistan
Family Law: Marriages Between Underage Couples
Family Law: Underage marriages are criminalized under the Child Marriage Restraint Act 1929. Under the Act, the minimum age for marriage for a male is 18 years, while the minimum age for marriage for a female is 16 years. Even though underage marriages are punishable, such unions are not invalidated.
Wali’s Consent(family law in Pakistan)
Family Law: According to the Hanafi school, an adult woman may contract her marriage without the consent of a wali.
Marriage Registration(family law in Pakistan)
As a result of the Muslim Family Laws Ordinance of 1961, marriage registration has been reformated, and in the absence of such registration, penalties include fines and imprisonment. If they are performed under the requisites of Islam, Muslim marriages are still valid and legal.
Marriages between polygamists(family law in Pakistan)
A man can have up to four wives in Pakistan if he can provide for them financially and equally.
A man may be charged with neglect or abuse if he does not provide for his multiple wives.
In rural Pakistan, where poverty is widespread, polygamous marriages are most common.
To increase the size of his household and care for all his children, a man may take on additional wives.
Please ignore it (family law in Pakistan) and continue your journey.
Talaq / Divorce by husband(family law in Pakistan)
The chairman of the Union Council should be notified in writing as soon as possible after the talaq has been pronounced, in whatever form.
A copy of the notice of talaq must be provided to the wife by the chairman. Non-compliance can result in imprisonment and fines. The chairman must form an Arbitration Council within thirty days of receiving the notice of talaq to reconcile the husband and wife.
If such attempts to negotiate a reconciliation fail, a talaq that has not been revoked in the meantime, either explicitly or implicitly, takes effect ninety days after receipt of the notice of repudiation.
At the time of the talaq, however, if the wife is pregnant, the talaq does not take effect until ninety days have passed or the pregnancy has ended.
Talaq / Divorce by husband(family law in Pakistan)
The chairman of the Union Council should be notified in writing as soon as possible after the talaq has been pronounced, in whatever form.
A copy of the notice of talaq must be provided to the wife by the chairman. Non-compliance can result in imprisonment and fines. The chairman must form an Arbitration Council within thirty days of receiving the notice of talaq to reconcile the husband and wife.
If such attempts to negotiate a reconciliation fail, a talaq that has not been revoked in the meantime, either explicitly or implicitly, takes effect ninety days after receipt of the notice of repudiation.
At the time of the talaq, however, if the wife is pregnant, the talaq does not take effect until ninety days have passed or the pregnancy has ended.
Talaq Not Given
As stated above, failure to notify invalidated Talaq until the late 1970s and early 1980s, but the introduction of the Zina Ordinance provided scope for abuse since repudiated wives were left open to charges of Zina if their husbands did not follow the prescribed procedure. According to the Muslim Fahmida Laws Ordinance, 1961, Pakistani courts have been validating Talaqs despite failing to notify them since the early 1980s.
Khula / Divorce by Judiciary(family law in Pakistan)
1939 Dissolution Of Muslim Marriages Act
If the wife is willing to give up her financial rights, judicial khula may also be granted without the husband’s consent.
Divorce grounds
Khula may be sought for the following reasons:
- Four-year desertion by husband,
- Two-year failure to maintain
- Contravening established legal procedures by contracting a polygamous marriage,
- Seven-year imprisonment of husband,
- Three years of non-performance by the husband of his marital obligations,
- Since the marriage, the husband has been impotent,
- Insanity or severe illness of husband for two years,
- It is permissible for a wife to exercise her option of puberty if she was contracted into marriage before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage is not consummated),
- Husband’s cruelty (including physical or other mistreatment, unequal treatment of co-wives)
- Under Muslim law, any other ground may dissolve a marriage.
Custody of Children under Family Law in Pakistan
In Pakistan, child custody laws are mainly based on Sharia law due to its predominantly Muslim population. Traditionally, fathers have custody until their children reach puberty, after which custody often transfers to the mother unless there are compelling reasons for the father to retain it. However, the application of these laws is heavily influenced by community customs and financial factors rather than strict adherence to religious principles. Sadly, women frequently encounter discrimination in Pakistani courts when seeking child custody, with judges often favoring fathers even in cases involving evidence of abuse. Enforcing court orders can also be challenging for custodial mothers, prompting many to relinquish their custody rights to avoid prolonged and expensive legal battles.
The 1984 Order: Qanun-e-Hahadat (Law of Evidence)
To ensure that evidence is admissible in criminal proceedings in Pakistan, the Qanun-e-Hahadat (Law of Evidence) Order, 1984, was promulgated on October 10, 1984. As well as establishing the rules for documentary evidence, cross-examination, and examination of witnesses, the law also regulates the presentation of evidence by the prosecution and the defense.
Evidence must be relevant to the issue’s facts and proven appropriately by oral or documentary evidence under the order. The order also allows for excluding irrelevant or immaterial evidence from trial. The order also requires cross-examination of all witnesses.
Pakistan’s Qanun-e-Hahadat (Law of Evidence) Order has played a significant role in ensuring fair trials.
The Implementation of the Zina Offense Ordinance of 1979
The Offence of Zina (Enforcement of Hudood) Ordinance, 1979 criminalizes extramarital sex. The law provides for the death penalty for those convicted of zina and 100 lashes for those convicted of adultery. It also criminalizes rape, which carries a death sentence or life imprisonment. Pakistani parliament repealed the death penalty for zina in March 2006 but kept the 100 lash penalty in place.
Implementation of the Sharia Act of 1991
It is a law in Pakistan that allows Sharia law to be enforced in the country. The act was passed in response to a rise in religious extremism and violence in the country. As a result of this act, religious scholars can interpret Sharia law and give judgments on cases that fall under its jurisdiction. Human rights abuses have been attributed to the act, particularly against women and religious minorities.