LAWS REPOSITORY PERTAINING TO THE THEMATIC AREAS LAS WORKS ON
Muslim Family Laws
Applicable Federal Laws in the sphere of MFL
The Muslim Family Laws Ordinance, 1961[1]
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-cJyX-sg-jjjjjjjjjjjjj
Rules Under Muslim Family Laws Ordinance, 1961
https://pakistancode.gov.pk/pdffiles/administratorcc19213a335396659068c340f4dbe7a9.pdf
The Family Courts Act, 1964[2]
Family Courts Rules, 1965[3]
https://kpcode.kp.gov.pk/uploads/Family_Courts_Rules,_19653.pdf
The Dissolution of Muslim Marriages Act, 1939
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-cJaW-sg-jjjjjjjjjjjjj
The Guardians and Wards Act, 1890
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-cJc%3D-sg-jjjjjjjjjjjjj
The Dowry and Bridal Gifts (Restriction) Act, 1976
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-bpuUY2Rp-sg-jjjjjjjjjjjjj
Sindh MFL Legislation/s
The Sindh Child Marriages Restraint Act, 2013[4]
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.XV%20of%202014.pdf
The Sindh Child Marriages Restraint Rules, 2016
http://sindhlaws.gov.pk/Setup/Publications_SindhCode/PUB-NEW-19-000012.pdf
*Please find the most updated version, applicable to Sindh, of the laws mentioned in the footnotes.
** To avoid confusion, it is reiterated here that the 18th Amendment to the Constitution has devolved matters relating to Family and Family Laws to the provinces. Post 18th amendment, the provinces are empowered to repeal and replace the federal laws on family matters through legislation. However, as long as the provinces do not replace them, the federal laws shall apply to and regulate the family matters.
Women’s Right to Property
In 2019, Khyber Pakhtunkhwa enacted a law to enforce women’s right to property. National Assembly also passed a legislation in this regard for the Islamabad Capital Territory in 2020. Punjab followed suit in 2021. Sindh has yet to bring a law on women’s right to property. Nonetheless, neither of these laws recognises women’s right to “matrimonial property.” Yet, we can see such legislative exercise as a step forward in the right direction.
KP’s law is only different from the other two Acts to the extent that the KP law contains a provision on the right to appeal for an aggrieved person.
The KP Enforcement of Women’s Property Rights Act, 2019
https://kpcode.kp.gov.pk/homepage/lawDetails/1420
The Enforcement of Women’s Property Rights Act, 2020
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2NpapZi-sg-jjjjjjjjjjjjj
The Punjab Enforcement of Women’s Property Rights Act, 2021
http://punjablaws.gov.pk/laws/2789.html
Sexual and Gender Based Violence Framework
Pro- women amendments to the Pakistan Penal Code and Code of Criminal Procedure by the Parliament:
Updated Version of Pakistan Penal Code[5]
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lo-sg-jjjjjjjjjjjjj
Code of Criminal Procedure (last amended on 2017-02-16)[6]
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5lp-sg-jjjjjjjjjjjjj
Protection of Women (Criminal Laws Amendment) Act, 2006
https://senate.gov.pk/uploads/documents/1658375112_673.pdf
Criminal Law Amendment Act, 2010
https://senate.gov.pk/uploads/documents/1363267161_658.pdf
Criminal Law (Second Amendment) Act 2011 (aka Acid Control and Acid Crime Prevention Act)
https://na.gov.pk/uploads/documents/1329729326_678.pdf
Criminal Law (Third Amendment) Act, 2011 (aka Prevention of Anti-Women Practices Act)
https://na.gov.pk/uploads/documents/1329729400_262.pdf
Criminal Law (Amendment) (Offences Relating to Rape) Act 2016
https://senate.gov.pk/uploads/documents/1485428121_999.pdf
Criminal Law (Amendment) (Offences in the Name or on Pretext of Honour) Act, 2016
https://senate.gov.pk/uploads/documents/1485427831_980.pdf
Criminal Law (Second Amendment) Act, 2016
https://na.gov.pk/uploads/documents/1467011388_916.pdf
Criminal Laws (Amendment) Act, 2017
https://na.gov.pk/uploads/documents/1486462667_263.pdf
Criminal Laws (Amendment) Act, 2018
https://na.gov.pk/uploads/documents/1528089162_639.pdf
Criminal Law (Amendment) Act, 2021
https://senate.gov.pk/uploads/documents/1640068199_756.pdf
Pro-women pieces of legislation by the Parliament and subsequent amendments to such Acts:
Protection against harassment of women at the workplace Act, 2010
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Fsap0%3D-sg-jjjjjjjjjjjjj
Protection against harassment of women at the workplace (amendment) Act 2022
https://na.gov.pk/uploads/documents/620cba6d676bf_127.pdf
Prevention of Electronic Crimes Act, 2016
https://na.gov.pk/uploads/documents/1472635250_246.pdf
Criminal Laws (Amendment) Act, 2023
https://na.gov.pk/uploads/documents/64f840c325916_768.pdf
Prevention of Trafficking in Persons Act, 2018
https://na.gov.pk/uploads/documents/1532935755_919.pdf
Zainab Alert, Response and Recovery Act, 2020
https://na.gov.pk/uploads/documents/1591608391_324.pdf
Anti Rape (Trial & Procedure) Act, 2021
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5hm-sg-jjjjjjjjjjjjj
Trial Procedure Rules
https://molaw.gov.pk/SiteImage/Misc/files/anti%20rape%20trial0001.pdf
Investigation Rules
https://molaw.gov.pk/SiteImage/Misc/files/anti%20rape%20investion0001.pdf
Crisis Cell & Medico-legal Rules
https://molaw.gov.pk/SiteImage/Misc/files/anti%20rap%20crises%20cell0001.pdf
Sex Offenders Register Rules
https://districtcourtwest.gos.pk/Tender%202021/2023/November%202023/1764.pdf
Sindh Legislation:
Domestic Violence Prevention and Protection Act, 2013
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.XX%20of%202013.pdf
Amendment in CrPC requiring DNA testing in Rape Cases
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.IV%20of%202017.pdf
The Sindh Medico-legal Act, 2023
http://www.sindhlaws.gov.pk/setup/Publications/PUB-23-000143.pdf
Minorities Rights (including Personal Laws)
Bills on Federal and Provincial level have yet to be passed as Acts of the respective bodies. Sindh criminal law (protection of Minorities) Bill 2016, attempted to put a stop to forced conversions. But due to the pressure from different religious and conservative segments, the Government of Sindh recalled the passed Bill from the Governor for revising the language. Resultantly, the Governor did not assent to the Bill a requirement under Article 116 of the Constitution.
The Sindh Protection of Communal Properties of Minorities Act, 2013
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.XL%20of%202013.pdf
Minorities Personal Laws:
Hindu Personal Law
The Sindh Hindus Marriage Act, 2016
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.IX%20of%202016.pdf
The Sindh Hindus Marriage (Amendment) Act, 2018
http://sindhlaws.gov.pk/setup/publications/PUB-18-000069.pdf
Christian Personal Law
Christian Marriage Act 1872
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-a54%3D-sg-jjjjjjjjjjjjj
The Divorce Act, 1869
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-a5Y%3D-sg-jjjjjjjjjjjjj
Parsi Personal Law
The Parsi Marriage and Divorce Act, 1936
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-b56a-sg-jjjjjjjjjjjjj
Alternative Dispute Resolution Sindh
Sindh Amendment Act 2018 CPC
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.IV%20of%202019.pdf
Islamabad Capital Territory
ADR Act 2017
https://senate.gov.pk/uploads/documents/1497249886_554.pdf
ADR Rules, 2018
Accreditation Rules 2023
https://molaw.gov.pk/SiteImage/Misc/files/ADR%20Mediation%20Eligibility%20Rules%20as%20amended.pdf
Gilgit Baltistan
GB Order 2018
https://gilgitbaltistan.gov.pk/system/files/Gilgit-Baltistan-Order-2018-Promolugated1.pdf
Gilgit Baltistan Mediation Bill, 2023 (Approved by the Cabinet; draft bill is available with the Legal Aid Society)
Human Rights[7]
Constitution of Islamic Republic of Pakistan, 1973
See Chapter II (Fundamental Rights)
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Fvbpw%3D-sg-jjjjjjjjjjjjj
The Sindh Protection of Human Rights Act, 2011
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.XIII%20of%202011.pdf
http://www.pas.gov.pk/uploads/acts/Sindh%20Act%20No.III%20of%202023.pdf (2022 Amendment)
Worthy amendments to MFL in other provinces and Federal Capital or any other progressive law falling under the broader category of MFL. National Assembly’s (NA) made two amendment in the MFOL 1961, insertion of new subsections to section 4 and section 7 of the Ordinance. However, the effects of such amendments by the NA to the MFLO 1961 are only limited to the Islamabad Capital Territory (ICT).
https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5po-sg-jjjjjjjjjjjjj [8]
Updated version of MFLO 1961 for Punjab containing the amendments made to it through the Muslim Family Laws (Amendment) Act 2015
http://punjablaws.gov.pk/laws/777a.html
Punjab Family Courts (Amendment) Act, 2015
https://punjabcode.punjab.gov.pk/en/show_article/V2EBMgs8VmY-
Kyber Pakhtunkhwa Marriage Functions (Prohibition of Ostentatious Displays and Wasteful Expenses) Act, 2018
[1] The MFLO 61 and rules framed thereunder could not be found on the sindhcode website. Hence, the original version of the Ordinance is retrieved from pakistancode.gov.pk.
[2] Hyper link for Family Courts Act, 1964 was not available on sindhcode. It is retrieved from the website of Ministry of Law.
[3] No hyper link for the Family Court Rules, 1965 could be found on the sindhcode website. Therefore, the rules have been retrieved from kpcode.kp.gov.pk.
[4] The Sindh Child Marriages Restraint Act 2013 has repealed and replaced The Child Marriage Restraint Act of 1929.
[5] Please find the most updated version of the code for research purpose.
[6] Please use the latest version of the code for research purpose. It is also important to bear in mind that both the Federation as well as the province can legislate on matters that fall under the ambit of criminal law and criminal procedure. See Article 142(b) of the Constitution of the Islamic Republic of Pakistan 1973.
[7] Given the dearth of legislation on minorities rights and gaps in many special laws, it is hereby advised to rely extensively on the related fundamental rights while going for strategic litigation.
[8] This hyper-link contains both amendments to Section 4 and Section 7 of the MFLO, 1961.