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How did Pakistan’s Muslim Family Laws Ordinance of 1961 regulate polygamy and divorce by repudiation?

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Pakistan’s Muslim Family Laws Ordinance of 1961 introduced reforms to traditional sharia by basing them on a new interpretation of the Qur'an and Hadith. These regulations were less radical than those adopted in some Middle Eastern countries at the time.1

Regarding the specific areas of reform:

  • Polygamy: The ordinance did not prohibit the practice but made a man's ability to enter into a second marriage dependent upon the consent of an Arbitration Council.1
  • Divorce by Repudiation (ṭalāq): The ordinance did not abolish the husband's right to unilateral repudiation. Instead, it suspended the legal effect of a husband's pronouncement of ṭalāq for a period of three months. This mandatory waiting period was intended to provide an opportunity for reconciliation between the spouses.1

These reforms represented a shift toward a more functional approach to law, though they faced criticism from traditionalists who argued that such reinterpretations prioritized social desirability over the divine will.1