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Family Opinion

Family Law And Opinion Work

The Chamber prides itself on providing on-point legal advice that protects the interests of the clients and affords them the easiest and quickest route to their desired goal. Significant parts of our opinion work are on Inheritance, Divorce and Child Custody. The laws that lead our opinions are:

The Chamber prides itself on providing on-point legal advice that protects the interests of the clients and affords them the easiest and quickest route to their desired goal. Significant parts of our opinion work are on Inheritance, Divorce and Child Custody. The laws that lead our opinions are:

  • Guardians and Wards Act 1890
  • Child Marriage Restraint Act 1929
  • Dissolution of Muslim Marriages Act 1939
  • Muslim Family Law Ordinance 1961
  • (West Pakistan) Muslim Personal Law (Shariat) Application Act 1962
  • (West Pakistan) Family Courts Act 1964
  • Offence of Zina (Enforcement of Hudood) Ordinance 1979
  • Law of Evidence (Qanun-e-Shahadat) Order 1984
  • Dowry and Bridal Gifts (Restriction) Act 1976
  • Prohibition (Enforcement of Hudood) Order 1979
  • Offence of Qazf (Enforcement of Hudood ) Order 1979
  • Consumer Protection Act 2004
Divorce and Khula Law

While everyone hopes a marriage would last eternally we understand that some things are just not meant to be. Getting a divorce and initiating ancillary proceedings for the retrieval of haq mehar, gifts and the division of movable and immovable property can be a complex procedure and our goal is to simplify it for our clients so that they have one less thing to worry about. Our experience and expertise offers the best protection a spouse can get. Depending on your requirements, we provide Shariah compliant as well as local law compliant opinions. Regardless of whether you are in Pakistan or abroad, you will find our opinion work

Locally, we are well versed with the Muslim Family Ordinance 1961 whose principles govern divorce and inheritance rights in Pakistan. Getting a divorce can be a messy affair in Pakistan, involving several civil, guardian and sometimes criminal suits.

We understand that applying for a divorce or a Khula can be a painful ordeal and our vast experience in criminal and opinion work allows us to prepare you better for any unpleasant instances that may arise subsequent to your decisions and our wide line of services offer you the best protection offered by law.

The right of the woman to exercise judicial divorce or Khula is recognized and often used by women in unhappy marriages. Some of the factors a court considers are:

  • Desertion by husband for four years,
  • Failure to maintain for two years
  • Husband contracting a polygamous marriage in contravention of established legal procedures,
  • Husband's imprisonment for seven years,
  • (West Pakistan) Muslim Personal Law (Shariat) Application Act 1962
  • Husband's failure to perform marital obligations for three years,
  • Husband's continued impotence from the time of the marriage,
  • Husband's insanity for two years or his serious illness,
  • Wife's exercise of her option of puberty if she was contracted into marriage by any guardian before the age of 16 and repudiates the marriage before the age of 18 (as long as the marriage was not consummated),
  • Husband's cruelty (including physical or other mistreatment, unequal treatment of co-wives),
  • Any other ground recognized as valid for the dissolution of marriage under Muslim law.
Shariah Compliant Inheritance

Dividing inheritance after the passing away of a close family member can be an emotionally draining and difficult concern. This is why we offer Shariah Compliant Inheritance opinions according to both Classical Islamic Law (for countries other than Pakistan) as well as the Muslim Family Ordinance 1961.

In times when misconceptions regarding inheritance laws under Shariah are prevalent, we look to protect your interest as it has been protected in your religion. This involves mapping a complete family tree and circumstances and then allocating each person their share according to either Classical Islamic Law (for countries other than Pakistan) or the Muslim Family Ordinance 1961.

We provide services to both local and international clients in this regard and have built a reputation of providing simple, effective and on point legal advice.