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ADR in Muslim Family Law Ordinance 1961

ADR in Muslim Family Law Ordinance 1961

by MD Shayer Ahmmad Khan Bapy -
Number of replies: 0

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.