The Muslim Family Laws Ordinance (MFLO), 1961 of Pakistan was a major legal reform aimed at protecting the rights of women in marriage, divorce, and inheritance.

How the Muslim Family Laws Protect Women’s Rights

 

1.  Marriage Registration (Section 5)

Protection

Women gain official proof of marriage, securing legal status and rights.

Why it matters

Unregistered marriages can lead to denial of maintenance, inheritance, or divorce rights.

๐Ÿ”น Legal registration helps women prove marriage in court, claim maintenance, and prevent polygamy through concealment.

 

2. Regulation of Polygamy (Section 6)

Protection

A man must obtain prior written permission from an Arbitration Council to marry another woman while already married.

Consequence of Violation

Immediate payment of full dower (mehr) to the first wife + possible criminal punishment (fine or jail).

๐Ÿ”น Gives the first wife a voice, creates accountability, and deters secret or unfair second marriages.

 

3.  Dissolution of Marriage / Divorce Rights (Section 7)

Protection

A man must give written notice to the Chairman of the Union Council before divorce (แนญalฤq) is valid.

Waiting Period

There’s a mandatory 90-day reconciliation period, during which the Arbitration Council tries to save the marriage.

No secret divorce

Secret, verbal talaqs are legally invalid under this law.

๐Ÿ”น This gives women time to prepare, seek legal help, and avoid being divorced without notice.

 

4.  Inheritance Rights of Orphaned Grandchildren (Section 4)

Protection

If a son or daughter dies during the lifetime of their parents, their children (i.e., the deceased’s kids) will inherit their share.

Islamic Justification

Though controversial among traditionalists, this gives orphans (especially girls) a fair share of inheritance.

๐Ÿ”น Without this, many girls and granddaughters were completely disinherited.

 

5.  Maintenance (Nafaqah) Enforcement (Section 9)

Protection

If a husband fails to maintain his wife without lawful excuse, she can apply to the Arbitration Council.

Legal Mechanism

The Council can order maintenance, and non-payment becomes recoverable as arrears of land revenue.

๐Ÿ”น Ensures economic protection for women and children, especially in cases of abandonment or abuse.

 

6.  Equal Representation in Arbitration Councils

Protection

Both husband and wife nominate one representative each in the Arbitration Council.

Result

Ensures fairness, so that the woman is not judged solely by male authorities.

 

7. Deterrence of Verbal or Triple แนฌalฤq

  • MFLO discourages instant triple แนญalฤq, as only a written divorce with a reconciliation process is recognized.

  • This protects women from impulsive or abusive divorces.

 

Right

How It’s Protected

Right to marital recognition

Mandatory marriage registration

Protection against secret polygamy

Permission required from Arbitration Council

Right to divorce process

Written notice, reconciliation period, legal proof

Right to maintenance

Legal mechanism to claim maintenance through Council

Inheritance rights for grandchildren

Grandchildren inherit in place of deceased parent

Representation in family disputes

Woman can appoint her own representative

 

 Important Court Interpretations Supporting Women

  • PLJ 2021 SC 28: Supreme Court held that if a man marries again without permission, he must immediately pay full dower to his first wife.

  • Other family law rulings: Courts often uphold women's rights to maintenance, child custody, and inheritance under the MFLO.

Legal Guide By Adv. Rabeea Muhammad

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Rabeea Muhammad

Advocate: LowerCourt/District Court

Experience: 1-3 Years

City: Lahore

Languages: English,Urdu,Punjabi

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