Provisions
The ordinance introduced state regulation into family matters that had previously been governed largely by religious interpretation and customary practice. It mandated the compulsory registration of all marriages with local authorities, with noncompliance punishable by fines or imprisonment. Local officials were authorized to license marriage registrars to enforce this requirement. [3] [4]
Polygyny
The MFLO did not prohibit polygyny but imposed regulatory restrictions. A man seeking to contract a subsequent marriage was required to obtain the consent of his existing wife or wives and prior approval from an arbitration council chaired by a local official. The council assessed whether the proposed marriage was “necessary and just.” This provision was grounded in a modernist interpretation of Quranic verses (IV:3 and IV:129). [5]
Divorce
The ordinance rendered the practice of instant divorce through triple repudiation (talaq) legally ineffective. A husband was required to provide written notice of divorce to the chairman of the local council and to his wife, which triggers a mandatory 90-day reconciliation period overseen by an arbitration council. If the wife was pregnant, the divorce did not take effect until after childbirth. [6]
Dower
The ordinance empowered local arbitration councils to determine maintenance payments. It also stipulated that the dower (mahr) was payable on demand unless otherwise specified. The standardized marriage contract (nikah nama) enabled women to obtain the delegated right of divorce (talaq-e-tafwid) and to seek enforcement of contractual conditions. [7]
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