Practice Areas
What We Are Expert At
Family Law Services
Family law, also known as matrimonial law or the law of domestic relations, governs matters related to family affairs, including divorce, child custody, adoption, maintenance, and inheritance. At Faisal Basit Sheikh & Cō, we specialize in providing expert legal services in family law, ensuring that our clients navigate these sensitive issues with care and professionalism.
Our team of experienced family lawyers is dedicated to assisting clients with resolving family disputes in Pakistan, where the legal framework is influenced by both English common law and Islamic law. While English common law predominates in commercial matters, Islamic law plays a significant role in personal status law, including marriage, divorce, and inheritance.
Legal Framework of Family Law in Pakistan
Post-partition, the legal landscape regarding family law has evolved, starting with the continuation of British India’s laws governing Muslim family matters. In 1955, the government established the Commission on Marriage and Family Laws, which recommended reforms to protect women’s rights, such as regulating the practice of polygamy and revising divorce laws. The Muslim Family Laws Ordinance (MFLO) of 1961 was enacted to bring these reforms into law, aiming to modernize family law practices while balancing Islamic principles.
Family law in Pakistan has since been influenced by ongoing legal developments, including constitutional amendments reinforcing Islam as the state religion and introducing mechanisms like the Federal Shariat Court to examine laws in light of Islamic teachings.
Key Areas of Family Law Practice
Marriage and Divorce Laws
Family law in Pakistan governs marriage, divorce, and the rights of spouses. Under the Muslim Family Laws Ordinance, 1961, marriage registration is mandatory, and the law addresses the dissolution of marriage through talaq (divorce) and khula (judicial divorce initiated by the wife). The MFLO has introduced significant reforms such as:
- Marriage Age: 18 for males and 16 for females, with penalties for underage marriages.
- Polygamy: The law restricts polygamy and requires prior permission from a Union Council for a man to marry more than one wife.
- Divorce: Talaq must be communicated to the Union Council and reconciliation efforts are required. Failure to notify the Council or to reconcile may result in penalties.
Child Custody
In the event of a divorce, the Guardians and Wards Act of 1890 governs the custody of children. The general rule is that mothers have custody of male children until they are 7 years old, and female children until puberty, unless the court determines otherwise based on the best interests of the child.
Inheritance Laws
Under Islamic inheritance law, the succession of property is governed by classical Islamic law, with specific provisions regarding the inheritance rights of children, spouses, and other family members. Reforms introduced after Pakistan’s independence include provisions for orphaned grandchildren to inherit from their grandparents.
Family Law Legislation
Some of the key laws shaping family matters in Pakistan include
These laws address a range of family-related issues, including marriage, divorce, maintenance, child custody, and inheritance.
Family Law Services You Can Trust
We offer personalized legal services to support you through family matters, including
Divorce & Settlement
Expert legal counsel for a smooth divorce process and fair settlement.
Child Adoption & Guardianship
Providing guidance for adoption and guardianship cases.
Child Custody
Helping parents secure child custody and visitation rights.
Civil Law & Rights
Ensuring your civil rights are protected, including consumer law matters.
Why Choose Us for Family Law?
Choosing the right legal representation for family matters is essential, and at Faisal Basit Sheikh & Cō. – LLP, we offer
Expert Family Law Services
We handle everything from divorce and child custody to adoption and guardianship, with a focus on delivering tailored legal solutions that meet your needs.
Committed to Your Best Interests
Your family’s well-being is our priority. We strive to achieve the most favorable outcomes for our clients while minimizing stress and disruption.
Professional Guidance with Compassion
We offer professional legal services with a compassionate approach, ensuring you feel supported and informed every step of the way.
Proven Legal Expertise
With years of experience and a strong track record in family law, we have the knowledge and skills to handle even the most challenging cases.