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.