The Muslim Family Law Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, provide a framework for family courts to entertain, hear, and adjudicate matters related to marriages registered under Islamic law. However, this does not restrict jurisdiction to matters covered under the Ordinance, 1961 or allow matters belonging to other religions or personal laws to be entertained by the Family Court.
A person who marries under the Special Marriage Act and then converts to the partner’s religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution. Family relations for non-Muslim communities (Christian and Jewish sects) are governed by the Loi of 2 Apr 1951, which sets out the jurisdictions of the Family Court.
The North Carolina Supreme Court did not analyze Islamic divorce since it found agreement with the Family Court that the first religious marriage was not. The topic of Islamic family law is a subject of controversy and debate among scholars. Hodkinson’s book focuses on specific aspects of Muslim family law, including the validity of marriage, husband and wife, and the maintenance of minor children.
The North Carolina Supreme Court did not analyze Islamic divorce as the court found agreement with the Family Court that the first religious marriage was not. The paper proposes a jurisdiction divide between the civil court and Syariah court and legislative reforms at Federal and State levels to resolve family disputes between Muslim states.
In American family courts, the chief area of life where American Muslims have turned for assistance has been in the most fundamental of institutions, the Family Court. However, the West Pakistan Family Courts Act, 1964, has no jurisdiction to entertain matters of non-Muslims. The Family Court in the Kanchipuram District will not have territorial jurisdiction to entertain a suit for dissolution of marriage under the Act if the couple is married under Islamic law and no marriage of one party occurs.
In summary, family courts have exclusive jurisdiction in matters related to marriages registered under the Muslim Family Laws Ordinance, 1961, and other religious and personal laws.
| Article | Description | Site |
|---|---|---|
| Kamal V.M. Allaudin And Etc. Etc. vs Raja Shaikh … | The position therefore remains that matrimonial suits between the Muslims under the Dissolution of Muslim Marriage Act continue to be cognizable by the High … | indiankanoon.org |
| in the federal shariat court, islamabad | The learned Counsel arguedthat the West Pakistan. Family Courts Act is not applicable to Muslims only: it is applicable to non-Muslims too. | federalshariatcourt.gov.pk |
| PROCESS OF DIVORCE FOR NRIs IN INDIA | Similarly, other personal laws like the Muslim Personal Law or Christian Marriage Act have provisions for divorce. CONTESTED DIVORCE: If one … | linkedin.com |
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