Pembaharuan Hukum Perkawinan Negara Pakistan

Abstract

Islamic family law reform in Pakistan is a historically significant process, aimed at adapting the legal system to the principles of sharia and the needs of modern society. This reform began with the Anglo-Muhammadan legal heritage of the British colonial era, which then developed after Pakistan's independence in 1947. A monumental step was taken through the enactment of the Muslim Family Law Ordinance (MFLO) in 1961, which included rules for registration of marriages, restrictions on polygamy, notification of divorce, and the application of the principle of representation in inheritance. This reform was reinforced by the 1973 constitution, which required all laws to be in accordance with the teachings of the Qur'an and Sunnah. In the 1980s, Pakistan expanded the supremacy of sharia through constitutional amendments and the enactment of additional laws, such as rules on dowry, bride gifts, and the management of waqf. Family courts were also established to handle disputes specifically. These reforms reflect the state's efforts to realize legal justice that is inclusive, relevant to social change, and rooted in Islamic values. This study concludes that the reform of Islamic family law in Pakistan is a strategic step in harmonizing the Shari'a with the needs of contemporary society, despite facing challenges in the process of implementation and acceptance.