Name :Muhammad umair

Roll no :259
Section :b

Critically analysis section 4 of MFLO

Introduction to MFLO:
The legal system is based on English common law and Islamic law. The former is more
influential in commercial law while the latter is more influential in personal status (and, more
recently, criminal and tax law to some extent).After partition in 1947, the legislation relating to
Muslim family law introduced under British rule continued to govern personal status. In 1961 the
Muslim Family Laws Ordinance was passed, drawing much criticism from religious leaders. The
first Constitution was promulgated in 1956, and included a provision known as the repugnancy
clause, affirming that no law repugnant to Islamic injunctions would be enacted and that all
existing laws would be considered and amended in light of this provision. The repugnancy
provision has been retained and strengthened in subsequent Constitutions and amendments.

Background:

In mid 50's, pressure was worked by a sizeable bit of society with respect to the privileges of ladies in a
man ruled society. All Pakistan Women Association which battled to be the agent association of ladies
encouraged that revisions be made in the laws winning around then as respects to the progression and
marriage and so forth APWA was additionally battling for the privileges of ladies in Pakistan. So the
proclamation of MFLO 1961 was viewed as a significant accomplishment in such manner.

Pundits:

Since 1961, from the date of appropriation of MFLO there are contrasts of assessment among the
people. Some of them upheld such order and some of them denied. The people who restricted the law
are known as conservatives and the others are pioneers. The conservatives guarantee that this
institution is against the express instructions of Quran and Sunnah.

Legitimacy:

The Federal Shariat Court has proclaimed this segment repulsive to Islam through its judgment revealed
as PLD 2000 FSC1 with impact from 31.3.2000. Yet, an allure against the judgment of the Federal Shariat
Court is forthcoming before the Shariatappelate Bench of the Honorable Supreme Court.

As per stipulation of segment 203D (2) of the Constitution of Pakistan 1973, the choice of Federal Shariat
Court will not be considered to produce results before termination of the period inside which an allure
along these lines might be liked to the Supreme Court or where an allure has been so favored before the
removal of such allure.

Thus in Allah Rakha and others v. Alliance of Pakistan and others , in which area 4 has been pronounced
disgusting to Islam by this hon'ble court, the allure is as yet forthcoming in Shariat Bench of Supreme
Court, and the part 4 of MFLO keeps on conveying same impact as additionally proclaimed by Supreme
Court in Muhammad Ali and others v. Muhammad Ramzan and others and on account of Fazeelat Jan
and others v. Sikandar through his Legal Heirs and others.

Extension:

As per section 4, the offer from the expired granddad's property has been presented to the offspring of
his predeceased child however this doesn't imply that the request beneficiaries of the perished would
be barred from a lot of legacy. This segment doesn't supersede the law of sharia and thusly, the
gatherings won't get too much in the property as per law of sharia.

The progression accommodated in section 4of the law is to serve the stranded children and girl of
predeceased parent under Muslim Family Laws Ordinance,1961. It was intended to cure the segregation
which was accepted to exist against stupendous youngsters whose parent had passed on before the
progression opened. The law gives that the guardians of quite a great youngsters will be considered to
be alive with the end goal of progression.
The reason for authorizing section 4was to provide food the requirement for grandkids to eliminate
their sufferings yet this arrangement can't be deciphered in a way affecting the portions of different
relatives in the property as per law of sharia.

Under the Islamic sharia, the predeceased child isn't qualified for any legacy as just the survivors to a
perished are qualified for the legacy. Yet, in term of area 4 of the Muslim Family Laws Ordinance, 1961 a
grandson is qualified for acquire from the domain of his granddad in lieu of his expired dad. A grandkid
will acquire in bequest of his/her granddad as per his/her offer under Muslim law in the qualification
that his/her predeceased father would have in the domain of his/her granddad. Grandson is entitled for
accepting offers which his dad/mother would have acquired on the off chance that he/she has been
alive at the hour of opening of progression. Grandkids, subsequently, can acquire the portion of the
predeceased father from their granddad.

Review impact:

Section 4 of Muslim Family Laws Ordinance, 1961 is forthcoming in nature and can't be given review
impact to fix or resume legacy previously finished up under Muhammedan Law preceding proclamation
of Muslim Family Laws Ordinance, 1961. Muslim Family Laws Ordinance, 1961 has no review impact and
can't be applied to the occasions occurring before its proclamation. Arrangements of area 4 are not
appropriate reflectively but rather are successful from the day when Muslim Family Laws Ordinance,
1961was proclaimed.

Opening of Succession:

It is a set up rule of Muslim Law that progression of a Muslim opens the second he passes on and same
is neither ward nor suspended till or non-occurring of certain occasion.

Which means of per stripes:

Term per stripes implies an offer for each head. It was held that section 4 has been added to Fulfill the
requirements of grandkids and to eliminate their sufferings however it can't be deciphered in order to
diminish the portion of different relatives. It was then seen that as indicated by the said arrangements
an offer from the expired granddad property has been presented to the offspring of predeceased child
or girl however this doesn't imply that different beneficiaries of the perished would be barred from a lot
of legacy. It was at long last seen that grandkids are not qualified for more offer than what could be
acquired from the guardians as per Islamic law, thus domain would be partitioned in extent of the
separate offers their folks and beneficiaries asserting through various line of drop would get their own
offer per stripes.

Guarantee of legacy:

Non-testing of the change by the mother during her lifetime doesn't accordingly suspend the youngsters
from asserting the portion of legacy of their dad that vested in them, the second the propositus kicked
the bucket.

Portion of little girl:

Where perished has just a single little girl then such girl of the pre-expired child would acquire 1/2 offer
from the property of her dad while remaining portion of her dad would go to other insurance implies
cousins.

Portion of girl and spouse:

Little girl, whenever accepted not to be discernible or to have passed on before perished, would be
qualified for her offer in land left expired, would be qualified for her offer in land lift by expired. Spouse,
if passed on before death of her significant other, would not get any offer in land lift by him.

Granddaughter of the propositus is qualified for the offer equal to the one which her expired dad would
have gotten, if alive, at the hour of opening of progression, in this way, she is qualified for 1/2 portion of
the propositus property, which her pre-perished father would have acquired, on the off chance that he
had been alive. Widow of the propositus is qualified for 1/2 offer and the rest would go to the family
members as indicated by the law of legacy.

Widow isn't qualified for get share:

This segment identifies with and manages the privilege of legacy of the issues of the predeceased child
and girl. It gives that if an individual kicks the bucket and gives up issues of such of his children or little
girls who were dead in his life time, the issues of the expired children or girls will be qualified for acquire
the offers that their dad it the mother would have acquired had they been alive at the hour of death of
that individual. The article and sane behind this arrangement is to enhance the pain of those deplorable
youngsters whose father and mother are grabbed away by death in the life of their granddad. Such
vagrant grandkids are tried to be remunerated in such a manner by giving the offer in legacy to which
their dad or the mother would have been entitled. The express and unambiguous diction and language
of the arrangement of law leaves no lack of definition or uncertainty that the "offspring of such child"
are simply qualified for acquire and get share which articulation doesn't in any way, shape or form inside
its ambit incorporate the widow "of such child". Hence, just the child is qualified for get the offer.

The genuine understanding of area 4 of the Muslim Family Laws Ordinance, 1961would be to entitle the
offspring of predeceased child or girl to guarantee legacy of the propositus and that the widow of the
predeceased child isn't so entitled.

Removed Kindred:

Removed fellow possibly acquires when there are no residuaries. Whenever it is set up that the expired
had left as his beneficiaries the offers and residuaries, there will be no event for legacy being guaranteed
from the bequest of the perished by a far off kindered. Individual asserting legacy in fact being child of
predeceased sister is an inaccessible fellow and within the sight of sharer the residuaries won't acquire
from the bequest of expired when relationship of the inquirer with perished is conceded and his spot in
the matter of legacy is resolved. Such spot by methods for similarity to segment 4, Muslim Family Laws
Ordinance, 1961cannot be changed as he will remain what he seems to be.

Arrangements of section 4 of Muslim Family Laws Ordinance, 1961 are pertinent to a particular
classification or class of lawful beneficiaries I.e. children and little girls of expired which can't be applied
to the child of predeceased sister of perished. Children and little girls of predeceased sister come in the
third classification of lawful beneficiaries. For example far off fellow. Offers out of resources from the
outset are to be devoured by the sharers and left over to be devoured by the residuaries and in the
event that there are no residuaries, at that point same need to return to the sharers. In the event that
sharers and residuaries are accessible, at that point inaccessible kindered are not qualified for share
under Islamic law.

Portion of daughter of daughter of son:

Unique proprietor of property archetype in interest of the gatherings, passed on giving up two widows.
First widow had just a single son, while second one, had two sons. One son of second widow passed on
abandoning a daughter who additionally kicked the bucket giving up one daughter. Offended party, the
lone son of first widow of unique proprietor was connected sibling of perished son of second widow,
who kicked the bucket without abandoning any male issue at the hour of his demise. Granddaughter of
perished son of unique proprietor, would represent her mom, the daughter of expired son, as perished
didn't have any son. Predeceased daughter would get 1/2 offer from her dad under area 4 of Muslim
Family Laws Ordinance, 1961, yet her daughter, would get 1/2 offer from the legacy of her perished
mother, and not the entirety. Segment 4 Muslim Family Laws Ordinance, 1961, would not increment
said daughter share, her qualification would boil down to 1/4 in the absolute tradition of her expired
granddad and 3/4thereof would go to offended party/just son of first widow of unique proprietor, being
connected sibling of perished, who passed on without abandoning any male issue. Decried legacy
transformation was dropped, so was the aftereffect of all resulting changes confirmed based on said
legacy transformation under the principle of 'lispendens'. Condemned decisions and announcements of
the courts underneath, were saved and suit documented by the offended party was proclaimed, in
conditions.

End:

To close it, we can say that proclamation of section 4 of MFLO shielded the vagrants from abuse.
Vagrants are defenseless and are regularly left powerless. Presently as they have the privilege to legacy
in their granddad's property, they can satisfy their necessities upto some degree.

Question 2 :explain the concept of temporary marriages in Islam

Introduction

Marriage is the institution around which entire everyday life spins. Family begins with marriage. When a
man gets hitched, his new family appears. Prior to marriage, the individual is essential for his folks’
family.

Marriage:

The Holy Quran says,

“And marry those among you who are single and those who are fit among your male slaves and your
female slaves; if they are needy, Allah will make them free from want out of His grace; and Allah is
Ample-giving, knowing.” (Surah an-Nur, 24:32)

The Prophet (S) says,

“No house has been built in Islam more beloved in the sight of Allah than through marriage.”

Definition:

Marriage is a legal contract between a man and a woman. Both the groom and the bride are to consent
to the marriage of their own free wills.

Nikah is an Arabic term used for marriage. It means “contract”. (“Aqd in Arabic). The Quran specifically
refers to marriage as “mithaqunGhalithun,” Which means “a strong covenant”.

The Quran also uses the Arabic word “Hisn”, suggesting “fortress” for marriage. Marriage is considered
the fortress of chastity.

Temporary marriages:

Temporary marriages are perceived by Shia school of thought as it were. The word use for temporary
marriages is Muta under Islamic Law which signifies ‘use’ or ‘satisfaction’. These marriages are for fixed
length. Sunni school of thought treat Muta as void. Muta marriage is perceived in Shia as it were. Sunni
law doesn’t remember it. A Shia of the male sex may get a Muta marriage with a lady maintaining the
Mahomedan, Christian or Jewish religion. Be that as it may, a Shia lady can’t get a Muta marriage with a
non muslim.

Mutʿah is referred to in the Qurʾān (Muslim scriptures) in these words:

And you are allowed to seek out wives with your wealth in decorous conduct, but not in fornication, but
give them their reward for what you have enjoyed of them in keeping with your promise. (4:24)

Explanation

Accomplices who participate in mutʿah should do so uninhibitedly and should foreordain the pay and
span of the agreement. The lady, hence, has no case for upkeep, and the two don’t acquire from each
other except if there is a past concession to these issues. Any youngsters from a mutʿah association go
with the dad. No augmentation of the mutʿah is allowed, yet dwelling together might be continued if
another arrangement is reached with new pay for the lady. All Muslim lawful schools concur that mutʿah
was perceived and drilled in the Prophet Muhammad’s time. Most Sunni Muslims, be that as it may,
think the training to have been revoked by Muhammad. In result, Sunni pioneers have decried mutʿah as
straightforward prostitution. Interestingly, the Twelve Shi’ites, holding that mutʿah was taboo not by
Muhammad but rather by Umar I, the subsequent caliph, consider mutʿah to be as yet substantial and
protect it as a protection from against prostitution or permit in conditions in which normal marriage is
impossible.

Rules of Mut’ah marriage:

People are not on a standard in each part of mut’a. A man can all
the while go into various brief relationships, yet a lady can have just a single impermanent spouse at a
time. A wedded man can have a mut’a marriage, yet not a wedded lady. The standard of sexual restraint
also doesn’t matter to men.

Significant things to recall about Mut’ah marriage:

• There is no particular number of Mut’ah.

 • Shia male can contract with Muhammedan or Kitabia while Shia female can just go into Mut’ah
with Muhammedan.

• For minor young lady, wali’s assent is required yet not for major.

• The span should be fixed.

• Offer and acknowledgment should be essentially satisfied.

• The marriage will be void if dower isn’t indicated at the hour of solemnization.

Alliance

There are 2 alliance

 a) Muta Wife

b) Mut’ah Husband

Some other significant focuses are as per the following:

• Legitimate youngsters

• No common right of legacy and upkeep appropriate for spouse if there is no express
understanding

• Dissolution of marriage is on expiry of time indicated or passing of any gathering.

• If the spouse is passed on, wife should be in iddat for a 4 months and 10 days or till conveyance
on the off chance that she is pregnant.
• Through Hiba-e-Mudddat, spouse can end contract before expiry

• Contract can be ended before expiry by assent.

• If marriage is culminated, a bleeding spouse iddat will be a time of 2 periods while non-
discharging wife iddat will be 45 days and the wife will get full dower.

• If the marriage isn’t culminated, no iddat required and spouse will get half dower.

• Parties can go into 2ndmut’ah or lasting marriage after 1stmut’ah.

• Wife will get just proportionate dower in the event that she ends contract before expiry.

• Some researcher quote that Mut’ah isn’t permitted with virgin.

End:

Mut’ah marriage is one of the types of marriage rehearsed by Shia Muslims. In the beginning long
stretches of Islam, it was general yet a few people that it was annulled by Prophet Muhammad (SAW)
later that is the reason Sunni Muslims think about it as void.