dear as far as i know there is muslim family law ordinance 1961.i can't find 1996 ordinance. moreover, can you kindly tell which papers are you following.are these questions in last five years papers?

yes it is Muslim family law ordinance 1961 .it was mistakenly written by me.
As far as this question is concerned it is from past papers of Muslim law and jurisprudence.

comments, criticism and suggestions are strongly encouraged


QC4. What do you understand by bigamous marriage? Explain it under classical Islamic law vis-a-vis Pakistani Law.

introduction:
Marriage is the central point of a family. It marks the beginning of a new family. Islam has therefore laid great stress on essentials of marriage. Nikah in islam is a civil contract with an element of religion in it. It is a civil contract and therefore it requires the free consent of contracting parties and it validates dower as the consideration money. Islam permits a muslim man to limited polygamy.

Objective of marriage in islam:

Islam believes that marriage is a contract between members of opposite sex with free consent. It is contracted with the following objectives:
• Legalization of sexual intercourse
• Legitimization of children produced as a result of wedlock
• Maintenance of a natural family life
• Preservation of human race.

Quran says,

“ and HE has created mates for you from among yourselves so that you may find solace in them”.

Essentials of a marriage:
a) Offer and acceptance:
It is mandatory for a muslim marriage that one of the contracting parties should extend offer, whereas the other party accepts the proposal. this may be orally, written or even through gestures.

b) Same sitting (majlis): both the contracting parties should offer and accept the proposal in the same sitting.

c) Free consent: it is important that marriage between the parties should be concluded with free consent of both the parties.

d) Witnesses: as marriage is a contract therefore, it is important that it should be concluded in the presence of two male witnesses. However, hanfi school of thought recognizes that even women can be a witness but atleast one male should be a witness.

e) Capacity of marriage: muslim marriage should be concluded between individuals who are aqil (soundness of mind) and baligh(mature).nevertheless, minors and lunatics can also be entered into marriage contract by their guardians.

f) Absence of impediments: these are the restrictions which make a marriage contract void or irregular depending upon the nature of impediments. These impediments if temporary make a marriage irregular and if permanent make a marriage void


Temporary impediments
• Absence of witness
• Marriage for the fifth time while he is already married to four wives
• Marriage to a woman who is in iddat
• Union of conjunction
• Marriage of muslim woman with a non-muslim man

Permanent impediments
Marriages which are contracted with following kinships are void ab initio
• Marriage with fosterage
• Affinity
• Consanguinity

Islamic concept of bigamy, polygamy

Polygamy: if a man marries more than one woman at a time, it is called as polygamy. If a man marries two women at a time it is known as bigamy. Islam allows a man to observe limited polygamy i.e he can contract marriage with four women at a time.
Surah nisa says,

“ if you fear that you may not act equitably towards orphans, then marry women that seem good to you like, two three or four. But if you fear, you may not do justice with them then marry one….”

This commandment in no way encourages a man to commit polygamy, it does not endorses it. However, it does not bars one from doing so if he thinks he can do justice with them.

Muslim family law ordinance 1961

MFLO 1961 forbids man from marrying a second time without the permission of a higher authority. It is stated in the following ways

“ no man in the subsistence of an existing marriage shall without the written permission of arbitration council contract marriage for the second time. Nor shall any such marriage contracted without permission be registered”

MFLO 1961 in view of Islamic law

In view of the above stated facts, it is to be noted that islam does not forbids a man from marrying a second time. This is the right which ALLAH has given to a man and therefore no earthly authority should make an attempt to subvert it or diminish it in any way, whatsoever. However, it should also be noted that islam does not encourages man to marry as many times as he wills. Islam has given multitude rights to women. in view of the rights granted to women in islam, it may be said that islam does not makes it obligatory for a man to marry multiple times. This is permissible only in certain circumstances. Nevertheless, opponents of MFLO 1961 state that the right was given to men under certain circumstances and such circumstances may arise again.therefore, no law should bar men from marrying for the second time.

Critical analysis: islam is a complete code of life and just as islam has given injunctions about tauheed, risalah, salat, saum, zakat, hajj etc, it has also provided guidelines to the muslims for matters related to their social life. Islam considers marriage to be a contract with an element of sacredness in it. It permits men to observe limited polygamy.

at the end you have not covered the bigamy marriage. material must be related to bigamy not to marriage. MFLO is also not well covered

thank you so much qurban for your comments. i appreciate them. could you suggest some additions into the topic of bigamy and MFLO?

according to sunni law the whole estate will go to the full brother
and according to shia law will go to the daughter's son

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Za khu dalta pa AZab ym, da hpl khud ao hpl ihsas.

according to Sunni law the whole estate will go to the full brother(the daughter's son being a distant kinsman will be entirely excluded form inheritance on the fact that if there is no sharer or residuaries the distant kindred could not inherent with a exception where the deceased leave a husband or wife then the grand child can inherent)
and according to Shi'ite law will go to the daughter's son being the heir of first category(full brothers will be excluded being second class heir, on the fact that first class heir excludes the seconds class and the second class excludes the third class)

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Za khu dalta pa AZab ym, da hpl khud ao hpl ihsas.

thanks taania for your precious comments and reply. i got it. in Shia law : daughter's son is full heir of inheritance and full brother in not entitled of inheriting any share and in Sunni law case is opposite. this answer is enough should I include rules of inheritance as included in my previous answer of this question?

Q.Is there any difference between divorce and dissolution of marriage? What grounds are available for dissolution of marriage under Islamic law?

1-Marriage:
Marriage is a civil contract. The celebration of the marriage contract in Islam is called “Nikah”. Marriage is enjoined upon every Muslim. It is related in the Traditions that the Holy Prophet (SAW) said, “When the servant of God marries, he perfects half of his religion.”
Marriage means wedlock’s, the mutual relation of the husband and wife. It is a contract for the legalization of intercourse and procreation of children. Mohammedan marriage is purely contractual. It is considered a religious duty. It is an act of Ibadat which is called Sunnat-Muwa-kkidah.
Hazrat Muhammad (PBUH) says:
“If a person is in a position to maintain his wife and pay the amount of dower, he must get himself married.”

2-Objects of Marriage:
Following are objects of a marriage:
(i) Legalization of Sexual Inter course.
(ii) Procreation of children.
(iii) Preservation of human race.
(iv) Maintenance of social life.
3-Dissolution of marriage:
(i)definition:
Islam is the perfect religion. It is free of gender prejudices. Therefore it grants the dissolution of marriage by the both parties of marriage that is man and women. It gives the right of divorce to men to dissolve the marriage and right of khula to men to dissolve the marriage:
(ii)Divorce: (Right of husband)
(a) Definition:
Talaq or divorce in the original sense means “dissuasion” or “rejection” but under Islamic law it is the release from the marriage tie either immediately or eventually.
(b) Legal sense of divorce:
The divorce in its legal sense means the dissolution of marriage tie of husband and the wife. According to the Islamic law any husband who is of sound mind and attained puberty my divorce his wife, whenever he desires, without assigning any reason. Under Shia law free will and intention is essential for a valid divorce which is not necessary under hanfi law.

(iii)Khula: (right of women)
(a) introduction:
Literal meaning of khula is “to take off the clothes”. Khula is like a divorce which is exercised to dissolve the marriage contract. This is the right of women which is exercised to annul the contract of marriage by the women. This is a compensation given to women. Islam gives this right to women when she is not willing to remain anymore with her husband. The Fiqah, verses of the Holy Quran and tradition of the Holy Prophet (P.B.U.H) are the evidences which make the women entitled to use their right of khula when any conflict is found in the marital status. This right can be exercised by the mutual consents of husband and wife. If husband is not intending to dissolve the marriage contract then wife can knock the door of court. Various opinions and conflicts are found regarding use of Khula, custody of children, number of witnesses, consent of husband, role of judiciary and court and period of Iddah. All Islamic schools of thought agree and allow seeking Khula to women.
(b) She can use of right of Khula in the two ways:
By the mutual consents of husband she can ask for seeking khula. And if husband repudiates to dissolve marriage contract she can visit the court to dissolve the marriage.
4-Legal effects of Khula and divorce:
1-sexual intercourse after dissolution of marriage will be illegal.
2- Both man and woman can contract another marriage
3- Right of inheriting from both parties will be repealed
4- Children will inherit from both parties.
5- Women have to observe the period of iddah
6- Man has to maintain his ex-wife during the iddah
7- Decisions of custody will be in practice.
5-Difference between divorce and dissolution of marriage:
Marriage relationship can be dissolved by the divorce or by the death of either spouse. Holy prophet said,
“Among the lawful thing, divorce is most hated by the Allah”
The main difference between divorce and dissolution of marriage is that divorce is the right of husband to annul the marriage contract whereas the dissolution of marriage is the right of both parties that is male and female. it is exercised by both parties.
6-The grounds of dissolution of marriage under the Muslim marriage Act, 1939:-
(i)Absence of husband:
If husband remains in continuous absence and wife is unknown of her husband for four years.
(ii)Failure to maintain;
If husband remains fail to maintain her wife and children for the two years.
(iii)Imprisonment of husband for seven years
(iv)Impotency:
If husband fails or is unfit to perform sexual intercourse
(v)Insanity of husband:
(vi)If husband is suffering from dangerous disease and there is no hope of recovering
(vii)Option of puberty;
if she had been given in marriage by her father or guardians and she was had not attained the age of fifteen at the time of marriage; provided that the marriage has not been consumed
(viii)Cruelty of husband
(a) If husband assaults or physically torture her .
(b) Relation with evil reputed women
(c) Force to lead immoral life
(d) Dispose of her property
(e) Stops to observe religious practices
(f) If he has more than one wives but treats her inequitably.
(ix)Failure to perform marital obligation:

Please evaluate my answer

just state the general rules of inheritance in both Shi'ite and Sunni schools the categories of inheritance and then that what i said earlier.

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Za khu dalta pa AZab ym, da hpl khud ao hpl ihsas.