Family law

A committee comes to a decision in precept to amend Muslim Family Law Ordinance

ISLAMABAD: A parliamentary panel has agreed in principle to amend the Muslim Family Laws Ordinance 1961 to defend the proper of childless widows from the Shia sect to get their due proportion of inheritance from their deceased husbands.Law
An assembly of the National Assembly Standing Committee on Law and Justice had an in-depth discussion at the proposed change on Wednesday. During the meeting, Allama Syed Iftikhar Hussain Naqvi, who became especially invited, stated that ambiguity inside the law had precipitated suffering for Shia women in acquiring their proportion of the inheritance in their deceased husbands.

He said several instances were pending in numerous courts because of the dearth of clarity within the regulation and asked for Muslim circle of relatives’ legal guidelines to be amended. The bill, which becomes offered before the committee, is completely relevant to all Shia Muslims. The amendment might supply childless widows from the Shia sect a proper to 1-fourth of their deceased husband’s estate. It states that if a Shia guy dies issueless, his widow will obtain a fourth of the deceased’s property. If the deceased leaves at the back of more than one widow, the only-fourth proportion will be divided similarly among all the windows.

The invoice says that in case of a dispute arising from a distinction of opinion, the parties or any of the events may have recourse to a court docket of capable jurisdiction or method the Mujtahid-i-Alam.
The bill’s declaration of gadgets and reasons states that the Lahore High Court Rawalpindi bench, even as hearing the problem of the competence of an issueless widow from Fiq-i-Jafriya to claim her proportion of the inheritance of her deceased husband, held: “It is anticipated that the Government of Pakistan in Ministry of Law would take legislative measures to promulgate a codified law on this regard if you want to guard the right of a childless widow from Ahl-e-Tarshish in getting their due stocks from the inheritance in their deceased husbands.”

Law Minister Barrister Dr. Mohammad Farogh Naseem supported the invoice and stated modifications need to be made within the regulation to shield widows’ rights. His point of view turned into recommended by different committee contributors, who agreed in principle to make changes. However, committee member and former regulation minister Chaudhry Mehmood Bashir Virk raised concerns about the amendment, saying the new law should open Pandora’s Box.

Almost all the different committee individuals supported the bill. It becomes then determined that the committee had agreed to the modification in principle. Still, a final decision could be made at the following meeting, while a brand new amended draft will be provided. The committee also discussed every other amendment to the Muslim Family Law Ordinance, which is completely applicable to Shia Muslims, associated with divorce.

According to the statement of items and reasons, Article 227(1) of the Constitution affords the foundation for regulation regarding non-public law of any Muslim sect using decoding the Quran and Sunnah in step with their teachings. The bill says that the own family regulation ordinance offers with own family topics, such as divorce, for Shia followers according to their interpretation of the Quran and Sunnah.
The bill says a Shia guy may also pronounce talaq himself or through an approved legal professional, uttered in literal Arabic words (see) in the physical presence of a minimum witness. The pronouncement of talaq could be useless if executed jokingly, below anger, intoxication, insanity, duress, or coercion of any type.

In case of dispute, the invoice says the parties or any of the events may have recourse to a courtroom of competent jurisdiction or through drawing close the Mujtahid-i-Alam. Mr. Naqvi told committee members that Shia divorce instances are decided in court docket by own family regulation, wherein a divorce will become powerful after a courtroom manner. He stated that Shia students do not remember such divorces until the husband publicizes the talaq in Arabic in front of two witnesses.

“Later on, Shia girls face difficulty as their ex-husbands take advantage of the scenario, and once you have a degree from the courts, do no longer pronounce Arabic seegha, which causes issues for girls,” he stated.
The committee held a detailed discussion on the bill. It determined to seek a briefing from the chairman of the Council of Islamic Ideology at its subsequent assembly. Then the destiny of the amendment may be decided.

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