The Muslim Family Laws Ordinance (MFLO) 1961 has provisions for the constitution of Arbitration Council to resolve three specific family disputes: divorce, polygamy, and maintenance. The arbitration may be defined as the reference of a dispute for adjudication to a third party chosen by the parties in dispute and whose decision is binding on the disputants. Islam recognises Tah’kim (arbitration), alongside the Al-qada’ (judiciary) as a means of dispute settlement, as it is evidenced in the Quran, and the Sunnah (tradition) of the Prophet (SM).

After the enactment of MFLO 1961, all incidents of verbal divorce had been announced unlawful. Now, the party who wants to file an application for divorce should go to the Marriage Registrar, and file the application, mentioning the reason. The Registrar will receive the application and send the notice to the Chairman/Mayor of respective local government institution (LGI) for the next course of action and a copy to the other party.

The Chairman/Mayor within 30 days, to form the Arbitration Council, will inform both parties to send particulars of their representatives within 7 days. With the nominated representatives the Chairman/Mayor will form the Council. This Council will call both parties for dialogue, attempting to resolve the dispute. If the couple comes to a consensus that they will continue the marital relationship, the divorce application will not be effective. In case of no-consensus, the divorce will be effective within 90 days after receiving the notice.